ADMINISTRATION OF STATEWIDE ACCOUNTABILITY MEASURES FOR THE COLORADO PUBLIC SCHOOL SYSTEM, CHARTER SCHOOL INSTITUTE, PUBLIC SCHOOL DISTRICTS AND PUBLIC SCHOOLS

SCHOOL SYSTEM, CHARTER SCHOOL INSTITUTE, PUBLIC SCHOOL DISTRICTS AND PUBLIC

SCHOOLS

1 CCR 301-1

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

1.0

Statement of Basis and Purpose

The statutory basis for these rules is found in section 22-11-101, et seq. C.R.S., the Education

Accountability Act of 2009. These rules establish requirements, criteria, and timelines related to the

administration of a statewide accountability system to monitor and respond to the performance of

Colorado’s statewide education system, including the Charter School Institute, school districts and public

schools.

2.0

Definitions

2.01

Accreditation: Certification by the State Board that a School District and the Public Schools of the

School District or the Institute and the Institute Charter Schools meet the requirements

established by section 22-11-101, et seq., C.R.S., and the rules promulgated thereunder.

Accreditation includes the process for accrediting School Districts and the Institute and reviewing

the performance of Public Schools as provided in sections 22-11-201 through 22-11-210, C.R.S.,

and the rules promulgated pursuant thereto.

2.02

Accreditation Contract:

(1)

The contract between the State Board and a School District, as described in section 22-

11-206, C.R.S. that includes, but is not limited to, the School District’s obligation to

manage the accreditation of the Public Schools of the School District consistent with the

provisions of Article 11 of Title 22; or

11-210, C.R.S.,

and the rules promulgated pursuant thereto.

2.02

Accreditation Contract:

(1)

The contract between the State Board and a School District, as described in section 22-

11-206, C.R.S. that includes, but is not limited to, the School District’s obligation to

manage the accreditation of the Public Schools of the School District consistent with the

provisions of Article 11 of Title 22; or

(2)

The contract between the State Board and the Institute, as described in section 22-11-

206, C.R.S., that includes but is not limited to the Institute’s obligation to manage the

accreditation of the Institute Charter Schools consistent with the provisions of Article 11

of Title 22.

2.03

BOCES: A Board of Cooperative Educational Services, as defined by section 22-5-103(2), C.R.S.

2.04

Commissioner: The office of the commissioner of education created and existing pursuant to

Section 1 of Article IX of the state constitution.

2.05

Department: The department of education created and existing pursuant to section 24-1-115,

C.R.S.

Code of Colorado Regulations

Secretary of State

State of Colorado

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2.06

Demonstration Options: The methods by which a high school student may demonstrate college

and career readiness as recommended in the high school graduation guidelines adopted by the

State Board pursuant to section 22-2-106(1)(a.5), C.R.S., and as specifically selected by the

Local Board of the school district in which a student is enrolled or by the district charter high

school or Institute charter high school in which a student is enrolled.

2.07

Detention Center: A center that addresses the temporary care of a child who requires secure

custody in physically restricting facilities pending court disposition or an execution of a court order

for placement or commitment

e

Local Board of the school district in which a student is enrolled or by the district charter high

school or Institute charter high school in which a student is enrolled.

2.07

Detention Center: A center that addresses the temporary care of a child who requires secure

custody in physically restricting facilities pending court disposition or an execution of a court order

for placement or commitment.

2.08

Facility: A day treatment center, residential child care facility, or other facility licensed by the

Department of Human Services pursuant to section 26-6-104, C.R.S., or a hospital licensed by

the Department of Public Health and Environment pursuant to section 25-1.5-103, C.R.S.

2.09

General Education Core Courses: The postsecondary general education core courses in reading,

writing, and mathematics identified pursuant to section 23-1-125(3), C.R.S.

2.10

Improvement Plan:

(1)

The plan described in and adopted by a Local Board pursuant to section 22-11-304,

C.R.S., in which case it may also be referred to more specifically as a “district

improvement plan”;

(2)

The plan described in and adopted by the Institute pursuant to section 22-11-304, C.R.S.,

in which case it may also be referred to more specifically as an “Institute improvement

plan”; or

(3)

The plan described in and adopted by a Public School pursuant to section 22-11-404,

C.R.S., in which case it may also be referred to more specifically as a “school

improvement plan.”

2.11

Institute: The State Charter School Institute created pursuant to section 22-30.5-503, C.R.S.

2.12

Institute Charter School: A charter school that is authorized by the Institute pursuant to the

provisions of part 5 of Article 30.5 of Title 22.

2.13

Local Board: The board of education of a School District. “Local Board” also includes the

governing board of a BOCES created pursuant to Article 5 of Title 22 if the BOCES is operating a

public school

ated pursuant to section 22-30.5-503, C.R.S.

2.12

Institute Charter School: A charter school that is authorized by the Institute pursuant to the

provisions of part 5 of Article 30.5 of Title 22.

2.13

Local Board: The board of education of a School District. “Local Board” also includes the

governing board of a BOCES created pursuant to Article 5 of Title 22 if the BOCES is operating a

public school.

2.14

Online School: A full-time education school authorized pursuant to Title 22 that delivers a

sequential program of synchronous or asynchronous instruction, directed by a teacher, primarily

through online digital learning strategies that provide students choice over time, place, and path,

and teacher-guided modality, of learning. An online school has an assigned school code and

operates with its own administrator, a separate budget, and a complete instructional program. An

online school is responsible for fulfilling all reporting requirements and is held to state and

federally mandated accountability processes.

2.15

Performance Indicators: The indicators specified in section 22-11-204, C.R.S., for measuring the

performance of the state public education system, including each Public School, each School

District, the Institute, and the state as a whole.

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2.16

Performance Plan:

(1)

The plan described in and adopted by a Local Board pursuant to section 22-11-303,

C.R.S., in which case it may also be referred to more specifically as a “district

performance plan”;

(2)

The plan described in and adopted by the Institute pursuant to section 22-11-303, C.R.S.,

in which case it may also be referred to more specifically as an “Institute performance

plan”; or

(3)

The plan described in and adopted by a Public School pursuant to section 22-11-403,

C.R.S., in which case it may also be referred to more specifically as a “school

performance plan.”

2.17

Performance Watch:

)

The plan described in and adopted by the Institute pursuant to section 22-11-303, C.R.S.,

in which case it may also be referred to more specifically as an “Institute performance

plan”; or

(3)

The plan described in and adopted by a Public School pursuant to section 22-11-403,

C.R.S., in which case it may also be referred to more specifically as a “school

performance plan.”

2.17

Performance Watch:

(1)

For a School District or the Institute, the period during which the school district or Institute

performs at a level that results in being accredited with priority improvement plan or

lower, as described in section 22-11-207(4)(a), C.R.S.; and

(2)

For a Public School, the period during which the public school performs at a level that

results in being required to adopt a priority improvement or turnaround plan, as described

in section 22-11-210(1)(d)(I), C.R.S.

2.18

Priority Improvement Plan:

(1)

The plan described in and adopted by a Local Board pursuant to section 22-11-305,

C.R.S., in which case it may also be referred to more specifically as a “district priority

improvement plan”;

(2)

The plan described in and adopted by the Institute pursuant to section 22-11-305, C.R.S.,

in which case it may also be referred to more specifically as an “Institute priority

improvement plan”; or

(3)

The plan described in and adopted by a Public School pursuant to section 22-11-405,

C.R.S., in which case it may also be referred to more specifically as a “school priority

improvement plan.”

2.19

Public School: Has the same meaning as provided in section 22-1-101, C.R.S., and includes, but

is not limited to, a district charter school, an Institute charter school, and an online school, as

defined in section 22-30.7-102(9.5), C.R.S.

2.20

Quality Early Childhood Program: An early childhood program that has been rated as a 3, 4, or 5

by the Colorado Shines Rating System, accredited by the National Association for the Education

of Young Children, or other similar agency as designated by the Department

to, a district charter school, an Institute charter school, and an online school, as

defined in section 22-30.7-102(9.5), C.R.S.

2.20

Quality Early Childhood Program: An early childhood program that has been rated as a 3, 4, or 5

by the Colorado Shines Rating System, accredited by the National Association for the Education

of Young Children, or other similar agency as designated by the Department.

2.21

School District or District: A school district authorized by Section 15 of Article IX of the state

constitution and organized pursuant to Article 30 of Title 22. “School District” also includes a

BOCES created pursuant to Article 5 of Title 22 if it is operating a public school.

2.22

State Board: The State Board of Education established pursuant to Section 1 of Article IX of the

state constitution.

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2.23

State-Operated Program: An approved school program supervised by the Department and

operated by the Colorado School for the Deaf and Blind, the Department of Corrections, or the

Department of Human Services, including but not limited to the Division of Youth Corrections and

the Colorado Mental Health Institutes.

2.24

SchoolView: The Internet-based electronic data delivery system developed and maintained by the

Department pursuant to section 22-11-502, C.R.S.

2.25

State Review Panel: The panel of education experts appointed by the Commissioner pursuant to

section 22-11-205, C.R.S., to assist the Department and the State Board in implementing the

provisions of Article 11 of Title 22.

2.26

Statewide Assessments: The assessments administered pursuant to section 22-7-1006.3, C.R.S

loped and maintained by the

Department pursuant to section 22-11-502, C.R.S.

2.25

State Review Panel: The panel of education experts appointed by the Commissioner pursuant to

section 22-11-205, C.R.S., to assist the Department and the State Board in implementing the

provisions of Article 11 of Title 22.

2.26

Statewide Assessments: The assessments administered pursuant to section 22-7-1006.3, C.R.S.

2.27

Student Group: The grouping of students based on sex, socioeconomic status, race and ethnicity,

disability, English language proficiency and gifted and talented status, as said groups are defined

by State Board rule or federal requirements, and any additional student groups that the State

Board may describe by rule to align with changes to federal requirements or to provide additional

data for analysis of student learning.

2.28

Turnaround Plan:

(1)

The plan described in and adopted by a Local Board pursuant to section 22-11-306,

C.R.S., in which case it may also be referred to more specifically as a “district turnaround

plan”;

(2)

The plan described in and adopted by the Institute pursuant to section 22-11-306, C.R.S.,

in which case it may also be referred to more specifically as an “Institute turnaround

plan”; or

(3)

The plan described in and adopted by a Public School pursuant to section 22-11-406,

C.R.S., in which case it may also be referred to more specifically as a “school turnaround

plan.”

3.0

Statewide Performance Indicators and Annual Targets

3.01

The State Board shall annually review the performance of the statewide public education system,

including but not limited to reviewing the success of each Public School, each District, and the

Institute on the four Performance Indicators of student academic achievement, student

longitudinal academic growth, student academic growth to standards, and postsecondary and

workforce readiness

argets

3.01

The State Board shall annually review the performance of the statewide public education system,

including but not limited to reviewing the success of each Public School, each District, and the

Institute on the four Performance Indicators of student academic achievement, student

longitudinal academic growth, student academic growth to standards, and postsecondary and

workforce readiness.

3.02

The State Board shall annually set, reaffirm or revise, as appropriate, ambitious but attainable

targets for the measures used to determine success on the Performance Indicators. These

targets shall be adopted in accordance with the requirements of section 22-11-201, C.R.S., by no

later than November 15th of each year, or as soon as possible thereafter when new metrics are

established or existing metrics are revised. Within 15 days of adopting such targets, the State

Board shall publish the targets on SchoolView. In order to allow Public Schools, Districts, and the

Institute the opportunity to make improvement towards consistent and predictable targets, the

State Board is encouraged to keep targets the same for at least three years before revising them.

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3.03

Student academic achievement shall be calculated as follows:

(1)

The calculation shall be based on students’ academic performance relative to the grade-

level state standards adopted pursuant to section 22-7-1005, C.R.S., as measured by

performance on the Statewide Assessments, while protecting the privacy of individual

students;

(2)

The calculation shall include consideration of the academic achievement of students

enrolled in third and fourth grade who are identified as having significant reading

deficiencies pursuant to section 22-7-1205, C.R.S., and provide additional credit for a

Public School, District, or the Institute if it demonstrates higher levels of performance on

the state reading assessment or the statewide English language arts assessment by said

students; and

e academic achievement of students

enrolled in third and fourth grade who are identified as having significant reading

deficiencies pursuant to section 22-7-1205, C.R.S., and provide additional credit for a

Public School, District, or the Institute if it demonstrates higher levels of performance on

the state reading assessment or the statewide English language arts assessment by said

students; and

(3)

The calculation shall account separately for the performance of each Student Group.

Disaggregated data shall be publicly reported where the data enables meaningful

differentiation among the performance of Public Schools, Districts, and the Institute.

3.04

Student longitudinal academic growth shall be calculated as follows:

(1)

The calculation shall be based on students’ academic progress on Statewide

Assessments across school years and relative to students with similar assessment score

histories, aggregated at the Public School-, District-, or Institute-level; and

(2)

The calculation shall account separately for the performance of each Student Group.

Disaggregated data shall be publicly reported where the data enables meaningful

differentiation among the performance of Public Schools, Districts, and the Institute.

3.05

Student academic growth to standards shall be calculated as follows:

(1)

By no later than November 1st of each year, the Department shall calculate, to the extent

practicable, what will constitute adequate longitudinal academic growth for each student

for that school year in each subject that is included in the Statewide Assessments;

(2)

The calculation shall be based on students’ academic growth to standards, compared to

incremental targets towards meeting grade-level expectations for students who are not

yet meeting expectations, and maintaining or increasing performance for students who

are already meeting or exceeding grade-level expectations; and

t school year in each subject that is included in the Statewide Assessments;

(2)

The calculation shall be based on students’ academic growth to standards, compared to

incremental targets towards meeting grade-level expectations for students who are not

yet meeting expectations, and maintaining or increasing performance for students who

are already meeting or exceeding grade-level expectations; and

(3)

The calculation shall account separately for the performance of each Student Group.

Disaggregated data shall be publicly reported where the data enables meaningful

differentiation among the performance of Public Schools, Districts, and the Institute.

3.06

Postsecondary and workforce readiness shall be calculated as follows:

(1)

The calculation shall include the percentage of students enrolled in the eleventh grade in

each public high school, each District, and the Institute who score at each achievement

level on the standardized, curriculum-based, achievement, college entrance examination

administered as a Statewide Assessment or the percentage of students enrolled in each

of the grade levels included in each public high school, each District, and the Institute

who scores at each achievement level on the assessments administered pursuant to

section 22-7-1006.3, C.R.S.

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(2)

As soon as the data is available, the calculation shall include the percentage of students

graduating from each public high school, each District, and the Institute who receive a

diploma that includes a postsecondary and workforce readiness endorsement, as

described in section 22-7-1009(1), C.R.S., and the percentage who receive a diploma

that includes an endorsement for exemplary demonstration of postsecondary and

workforce readiness, as described in section 22-7-1009(2), C.R.S.;

(3)

The calculation shall include the student dropout rate and the student graduation rate, as

defined by section 12.00 of these rules;

workforce readiness endorsement, as

described in section 22-7-1009(1), C.R.S., and the percentage who receive a diploma

that includes an endorsement for exemplary demonstration of postsecondary and

workforce readiness, as described in section 22-7-1009(2), C.R.S.;

(3)

The calculation shall include the student dropout rate and the student graduation rate, as

defined by section 12.00 of these rules;

(4)

The calculation shall include the percentage of students graduating from each public high

school, each District, and the Institute who, in the year immediately following graduation

from high school, enroll in a career and technical education program, community college,

or four-year institute of higher education. As soon as the data is available, the calculation

shall also include the percentage of students graduating from each public high school,

each District, and the Institute who, in the year immediately following high school enlist in

the military. Each of the postsecondary enrollment options listed in this subparagraph (4)

shall be weighted equally;

(5)

Beginning in the 2020-21 school year, the calculation shall include the percentage of

students enrolled in each public high school who demonstrate college and career

readiness, based on the Demonstration Options in English language arts and math

available to the students enrolled in the public high school, District, or Institute, at the

higher achievement level adopted by the State Board that indicates a student is

prepared, without needing remediation, to enroll in General Education Core Courses;

d in each public high school who demonstrate college and career

readiness, based on the Demonstration Options in English language arts and math

available to the students enrolled in the public high school, District, or Institute, at the

higher achievement level adopted by the State Board that indicates a student is

prepared, without needing remediation, to enroll in General Education Core Courses;

(6)

Beginning in the 2020-21 school year, the calculation shall include the percentage of

students enrolled in each public high school, each District, and the Institute who

successfully complete an advanced placement course in a subject other than English

language arts or math and earn a score of three or higher on the end-of-course advanced

placement exam, the percentage of students who successfully complete a concurrent

enrollment course in a subject other than English language arts or math and earn a grade

of “B” or higher in the course, and the percentage of students who successfully complete

an international baccalaureate course in a subject other than English language arts or

math and earn a score of four or higher;

(7)

The calculation shall account separately for the performance of each Student Group.

Disaggregated data shall be publicly reported where the data enables meaningful

differentiation among the performance of Public Schools, Districts, and the Institute; and

(8)

The Department may modify these calculations in order to protect the privacy of

individual students.

4.0

District and Institute Accountability Processes: Accreditation Contracts

4.01

Within 60 days of the Commissioner determining a final Accreditation category for a District, the

Commissioner and State Board shall enter into an Accreditation Contract with that District’s Local

Board. Within 60 days of the Commissioner determining a final Accreditation category for the

Institute, the Commissioner and State Board shall enter into an Accreditation Contract with the

Institute board

ithin 60 days of the Commissioner determining a final Accreditation category for a District, the

Commissioner and State Board shall enter into an Accreditation Contract with that District’s Local

Board. Within 60 days of the Commissioner determining a final Accreditation category for the

Institute, the Commissioner and State Board shall enter into an Accreditation Contract with the

Institute board.

4.02

Each Contract shall have a term of one year and shall be automatically renewed each year so

long as the District or the Institute remains in the Accreditation category of Accredited with

Distinction or Accredited.

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4.03

The parties to the Contract may renegotiate the Contract at any time during the term of the

Contract, based upon appropriate and reasonable changes in circumstances upon which the

original terms and conditions of the Contract were based.

4.04

Each Contract, at a minimum, must address the following elements:

(1)

The District’s or Institute’s level of attainment on the Performance Indicators, as

determined pursuant to section 22-11-204, C.R.S.;

(2)

The District’s or the Institute’s adoption and implementation of its Performance Plan,

Improvement Plan, Priority Improvement Plan or Turnaround Plan, whichever is

appropriate based on the District’s or Institute’s Accreditation category;

(3)

The District’s implementation of its system for accrediting the District Public Schools or

the Institute’s implementation of its system for accrediting the Institute Charter Schools,

which system shall emphasize school attainment of the four Performance Indicators, and

may, in the Local Board’s or Institute board’s discretion, include additional Accreditation

indicators and measures adopted by the District or Institute;

tation of its system for accrediting the District Public Schools or

the Institute’s implementation of its system for accrediting the Institute Charter Schools,

which system shall emphasize school attainment of the four Performance Indicators, and

may, in the Local Board’s or Institute board’s discretion, include additional Accreditation

indicators and measures adopted by the District or Institute;

(4)

The District’s or Institute’s system for accrediting Public Schools that meet the definition

of an Online School, which system shall emphasize school attainment of the four

Performance Indicators, as well as the extent to which the Public School has met the

quality standards outlined in section 22-30.7-105, C.R.S. and made progress in

implementing any corrective actions required pursuant to section 22-30.7-103(3)(m),

C.R.S., and may, in the Local Board’s or Institute Board’s discretion, include additional

Accreditation indicators and measures adopted by the District or Institute; and

(5)

The District’s or the Institute’s substantial and good-faith compliance with the provisions

of Title 22 and other statutory and regulatory requirements applicable to Districts or the

Institute.

4.05

For purposes of monitoring a District’s or the Institute’s substantial and good-faith compliance

with the provisions of Title 22 and other statutory and regulatory requirements, each Contract

must include the following:

(1)

An assurance that the District or Institute is in compliance with budgeting, accounting,

and financial reporting requirements set forth in section 22-44-101, et seq. C.R.S., and

section 22-45-101, et seq. C.R.S.;

(2)

For Districts, an assurance that the District is in compliance with the provisions of section

22-32-109.1, C.R.S., concerning school safety, and the Gun-Free Schools Act, 20 U.S.C.

7961;

(3)

For Districts, an assurance that the District and the District’s Public Schools are in

substantial, good-faith compliance with all statutory and regulatory requirements that

apply to Districts;

eq. C.R.S.;

(2)

For Districts, an assurance that the District is in compliance with the provisions of section

22-32-109.1, C.R.S., concerning school safety, and the Gun-Free Schools Act, 20 U.S.C.

7961;

(3)

For Districts, an assurance that the District and the District’s Public Schools are in

substantial, good-faith compliance with all statutory and regulatory requirements that

apply to Districts;

(4)

For the Institute, an assurance that the Institute and the Institute’s charter schools are in

substantial, good-faith compliance with statutory and regulatory requirements that apply

to the Institute; and

(5)

An assurance that the District and the District Public Schools or the Institute and the

Institute Charter Schools are in compliance with the assessment provisions set forth in

section 22-7-1013(8), C.R.S., including:

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(A)

An assurance that the District and District Public Schools or the Institute and

Institute Charter Schools will not impose negative consequences— including

prohibiting school attendance, imposing an unexcused absence, or prohibiting

participation in extracurricular activities—on a student or parent if the parent

excuses his or her student from participating in a Statewide Assessment. If a

parent excuses his or her student from participating in a Statewide Assessment,

the District and the District Public Schools or the Institute and the Institute

Charter Schools will not prohibit the student from participating in an activity, or

receiving any other form of reward the District or District Public Schools or the

Institute or Institute Charter Schools provide to students for participating in the

Statewide Assessment; and

(B)

An assurance that the District and District Public Schools or the Institute and

Institute Charter Schools will not impose an unreasonable burden or requirement

on a student that would discourage the student from taking a Statewide

Assessment or encourage the student’s parent to excuse the student from

itute Charter Schools provide to students for participating in the

Statewide Assessment; and

(B)

An assurance that the District and District Public Schools or the Institute and

Institute Charter Schools will not impose an unreasonable burden or requirement

on a student that would discourage the student from taking a Statewide

Assessment or encourage the student’s parent to excuse the student from taking

the Statewide Assessment.

4.06

For purposes of monitoring a District’s or the Institute’s compliance with its Contract, the

Department may request information or conduct site visits as needed.

4.07

If the Department has reason to believe that a District or the Institute is not in substantial

compliance with one or more of the applicable statutory or regulatory requirements, the

Department shall notify the Local Board or the Institute board that it has ninety (90) days after the

date of notice to come into compliance. If, at the end of the ninety (90) day period, the

Department finds that the District or the Institute is not substantially in compliance with the

applicable statutory or regulatory requirements, meaning that the District or Institute has not yet

taken the necessary measures to ensure that it will meet the applicable legal requirements as

soon as practicable, the District or the Institute may be subject to the interventions specified in

sections 22-11-207 through 22-11-210, C.R.S.

5.0

District and Institute Accountability Processes: Accreditation Ratings

5.1

The Department shall assign Districts and Institute to the following Accreditation categories:

(1)

Accredited with Distinction, meaning the District or Institute meets or exceeds the

statewide targets or targets annually set by the District or the Institute or exceeds

statewide attainment on the Performance Indicators and is required to adopt and

implement a Performance Plan as described in section 22-11-303, C.R.S.;

assign Districts and Institute to the following Accreditation categories:

(1)

Accredited with Distinction, meaning the District or Institute meets or exceeds the

statewide targets or targets annually set by the District or the Institute or exceeds

statewide attainment on the Performance Indicators and is required to adopt and

implement a Performance Plan as described in section 22-11-303, C.R.S.;

(2)

Accredited, meaning the District or Institute meets statewide attainment on the

Performance Indicators and is required to adopt and implement a Performance Plan as

described in section 22-11-303, C.R.S.;

(3)

Accredited with Improvement Plan, meaning the District or Institute is required to adopt

and implement an Improvement Plan as provided in section 22-11-304, C.R.S.;

(4)

Accredited with Priority Improvement Plan, meaning the District or Institute is required to

adopt and implement a Priority Improvement Plan as provided in section 22-11-305,

C.R.S.;

(5)

Accredited with Turnaround Plan, meaning the District or the Institute is required to

adopt, with the Commissioner’s approval, and implement a Turnaround Plan as provided

in section 22-11-306, C.R.S.;

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(6)

Insufficient State Data, meaning the District or Institute is required to adopt and

implement the plan type it was previously assigned because it did not have sufficient data

to either:

(A)

publicly report data, including data for each Performance Indicator, while

protecting the privacy of students; or

(B)

adequately represent the District’s or Institute’s total student population because

it reflects scores from less than 25 percent of students in tested grades

uired to adopt and

implement the plan type it was previously assigned because it did not have sufficient data

to either:

(A)

publicly report data, including data for each Performance Indicator, while

protecting the privacy of students; or

(B)

adequately represent the District’s or Institute’s total student population because

it reflects scores from less than 25 percent of students in tested grades. If the

District or Institute was previously assigned to a Priority Improvement or

Turnaround Plan and was on Performance Watch, the District or Institute will

remain on Performance Watch but will exclude the current year from the

calculation of the five (5) years of low performance described in section 22-11-

207(4)(a), C.R.S.; or

(7)

Unaccredited.

5.2

By no later than August 31st of each year, the Department shall provide an initial assignment to

each District and the Institute into one of the Accreditation categories listed above.

5.3

In determining an initial accreditation category for each District and the Institute, the Department

shall apply the following criteria:

(1)

The District’s or Institute’s level of attainment of the statewide targets on the Performance

Indicators, calculated in accordance with section 3.0 of these rules.

(A)

The Department shall determine whether the District or Institute exceeds, meets,

approaches or does not meet statewide targets for each Performance Indicator.

(B)

If a Local Board or the Institute board chooses not to endorse a high school

diploma as described in section 22-7-1009(2), C.R.S., the District or Institute will

not be penalized for such choice when it is assigned to an Accreditation

category.

(C)

In evaluating the level of attainment on student dropout and graduation rates, the

Department, to the extent practicable, shall ensure that Districts and the Institute

are not penalized for re-engaging students and ensuring that all students

successfully graduate;

-1009(2), C.R.S., the District or Institute will

not be penalized for such choice when it is assigned to an Accreditation

category.

(C)

In evaluating the level of attainment on student dropout and graduation rates, the

Department, to the extent practicable, shall ensure that Districts and the Institute

are not penalized for re-engaging students and ensuring that all students

successfully graduate;

(2)

The District’s or the Institute’s level of attainment of the Performance Indicators

compared with statewide attainment of the Performance Indicators;

(3)

The District’s or Institute’s compliance with the other requirements specified in its

Accreditation Contract;

(4)

The percentage of students enrolled in the District or Institute who are not tested on the

Statewide Assessments; and

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(5)

The District’s or Institute’s failure to administer Statewide Assessments in a standardized

and secure manner so that resulting assessment scores are reflective of independent

student performance. The Commissioner shall determine whether a District or Institute

has failed to administer statewide assessment results in a standardized and secure

manner so that resulting assessment scores are reflective of independent student

performance and whether the failure was pervasive and egregious enough to warrant a

change in the District’s or Institute’s Accreditation rating. If the District or Institute

otherwise would have been assigned to Accredited with Distinction, Accredited with

Performance Plan, or Accredited with an Improvement Plan, it instead may be assigned

to Accredited with Priority Improvement Plan. If the District or Institute otherwise would

have been assigned to Accredited with Priority Improvement Plan, it instead may be

assigned to Accredited with Turnaround Plan

t or Institute

otherwise would have been assigned to Accredited with Distinction, Accredited with

Performance Plan, or Accredited with an Improvement Plan, it instead may be assigned

to Accredited with Priority Improvement Plan. If the District or Institute otherwise would

have been assigned to Accredited with Priority Improvement Plan, it instead may be

assigned to Accredited with Turnaround Plan.

5.4

When applying the criteria above to determine an initial Accreditation category for each District

and the Institute, the Department shall place the greatest emphasis on attainment of the

Performance Indicators. When evaluating attainment of the Performance Indicators, the

Department shall place the greatest emphasis on student longitudinal academic growth and

postsecondary and workforce readiness.

5.5

To accommodate the special circumstances of those Districts that include only a single Public

School, the Commissioner may elect to apply the criteria for evaluating the performance of Public

Schools, as described in section 8.02 of these rules, when evaluating such a District.

5.6

On or before the date that the Department notifies each District or the Institute of its initial

Accreditation category, the Department shall also provide the data used by the Department to

conduct its analysis of the District’s or Institute’s performance.

5.7

If a District or the Institute disagrees with the Department’s initial Accreditation assignment, the

District or Institute may submit to the Department a request for reconsideration. Such request

must be submitted within eight weeks of receiving notice of the Department’s initial Accreditation

assignment. Such request must include an assurance that the District or Institute has complied

with requirements for assessment participation policies under section 22-7-1013(8)(c), C.R.S

on assignment, the

District or Institute may submit to the Department a request for reconsideration. Such request

must be submitted within eight weeks of receiving notice of the Department’s initial Accreditation

assignment. Such request must include an assurance that the District or Institute has complied

with requirements for assessment participation policies under section 22-7-1013(8)(c), C.R.S. For

the 2022-23 school year, a District or the Institute may only submit a request to reconsider if the

District’s or Institute’s student participation rate on 2021-22 Statewide Assessments was at least

90 percent.

5.8

Upon receiving a request to reconsider, the Department shall take the following information into

account in determining the District’s or Institute’s final accreditation rating:

(1)

When available, achievement data from a nationally-normed assessment other than a

Statewide Assessment and from a grade or subject that is not tested on a Statewide

Assessment, if the Department has determined that the supplemental data is valid and

reliable and derived from assessments that are aligned with the state standards adopted

pursuant to section 22-7-1005, C.R.S. Such data must be representative of the applicable

population, meaning that ninety-five (95) percent or more of the applicable population

was tested. The Department shall separately account for the performance of each

Student Group when evaluating both assessment results and participation rates;

(2)

When available, growth analysis of the type of achievement data described in

subparagraph (1) above;

(3)

Analysis of the length of time for which the District or Institute has been unable to meet

the statewide targets on the Performance Indicators;

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up when evaluating both assessment results and participation rates;

(2)

When available, growth analysis of the type of achievement data described in

subparagraph (1) above;

(3)

Analysis of the length of time for which the District or Institute has been unable to meet

the statewide targets on the Performance Indicators;

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(4)

The progress the District or Institute is making in improving its performance and in

approaching achievement of the statewide targets and the degree to which the District or

Institute is not achieving the statewide targets (e.g., quality of the district’s most recent

Unified Improvement Plan);

(5)

When available, measures of postsecondary and workforce readiness other than the

measures described in section 3.06 of these rules when the data used for such measures

is representative of at least ninety-five (95) percent of the applicable student population,

as determined by the Department. This may include the percentages of students enrolled

in a high school who, based on attainment of course credits or demonstrated

competencies, are on schedule to graduate within four, five, six, or seven years;

(6)

Where applicable, the performance of students enrolled in the District’s or Institute’s

alternative education campuses that have received a designation pursuant to section 22-

7-604.5, C.R.S. The performance of these students shall be evaluated based on the

following:

(A)

Whether removing the data for students enrolled in the campus(es) from the

calculations of the District’s or Institute’s attainment of the Performance

Indicators would otherwise cause the District or Institute to receive a higher

Accreditation rating; and

(B)

Whether the campus(es) either:

(I)

Has/have been assigned by the State Board to implement a School

Performance Plan on the alternative education campus school

performance frameworks; or

(II)

No longer serve(s) students

culations of the District’s or Institute’s attainment of the Performance

Indicators would otherwise cause the District or Institute to receive a higher

Accreditation rating; and

(B)

Whether the campus(es) either:

(I)

Has/have been assigned by the State Board to implement a School

Performance Plan on the alternative education campus school

performance frameworks; or

(II)

No longer serve(s) students.

(C)

Whether, if the District or Institute serves only Alternative Education Campus(es),

the calculations of the District’s or Institute’s attainment of the Performance

Indicators on the Alternative Education Campus School Performance Framework

would allow the District or Institute to receive a higher Accreditation rating;

(7)

If the District or Institute has participation rates below eighty-five (85) percent on the

Statewide Assessments, data showing how the students who participated in the

Statewide Assessments are not representative of the District’s or Institute’s total

population;

(8)

If the District or Institute was lowered one Accreditation-level rating due to low student

participation in Statewide Assessments, information concerning whether the District or

Institute historically has attained ninety-five (95) percent participation rates, inadvertent

test misadministration occurred, or the District or Institute has a particularly small student

population; Whether the District or Institute authorized a Public School with a Priority

Improvement or Turnaround Plan type assignment and that Public School was closed or

not reauthorized by the District or Institute; and

storically has attained ninety-five (95) percent participation rates, inadvertent

test misadministration occurred, or the District or Institute has a particularly small student

population; Whether the District or Institute authorized a Public School with a Priority

Improvement or Turnaround Plan type assignment and that Public School was closed or

not reauthorized by the District or Institute; and

(9)

The extent to which the District or Institute has been subject to an event that has caused

significant disruption during the school year, including but not limited to acts of violence,

the death of students or staff, or natural disasters such as fire, flood, earthquake,

avalanche or tornado.

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5.9

When evaluating the information described above, the Department may accommodate systems

with small student populations by allowing exceptions to the participation rate requirements

described in section 5.08 of these rules and may allow the District or Institute to submit data for

multiple years. For the 2022-23 school year, the request to reconsider process will include a

simplified approval process if a District or the Institute has shown sufficiently improved

performance on 2021-22 Statewide Assessments.

5.10

By no later than December 30th of each school year, the Department shall determine a final

Accreditation category for each District and the Institute and shall notify the District or Institute of

the Accreditation category to which it has been assigned.

5.11

If a District or the Institute receives a final Accreditation category assignment of Accredited with

Priority Improvement Plan or Accredited with Turnaround Plan, it has the right to appeal the

Department’s determination before the State Board.

n category for each District and the Institute and shall notify the District or Institute of

the Accreditation category to which it has been assigned.

5.11

If a District or the Institute receives a final Accreditation category assignment of Accredited with

Priority Improvement Plan or Accredited with Turnaround Plan, it has the right to appeal the

Department’s determination before the State Board.

(1)

Within ten (10) days of receiving notification of the Department’s final Accreditation

category assignment, the District or Institute shall provide written notice to the State

Board Office that the District or Institute wishes to appeal the Accreditation category

assignment.

(2)

Within ten (10) days of receiving the notice of appeal, the State Board Office shall provide

a scheduling notification to the District or Institute in writing. The scheduling notification

shall provide the date of the next regularly scheduled State Board meeting. After

conferring with the District or the Institute, the State Board Office shall include in the

scheduling notification the filing deadlines for the appeal. The deadlines set forth below in

this section 5.11 of these rules may be modified by agreement between the Department

and the District or Institute with approval of the State Board Office.

(3)

Within fifteen (15) days of receipt of the scheduling notification, the District or Institute

shall file a position statement setting forth the specific grounds for the assertion that the

District or Institute should not be placed in the category of Accredited with Priority

Improvement Plan or Accredited with Turnaround Plan. The District or the Institute shall

provide a copy of the position statement to the Department.

(4)

Within fifteen (15) days of the date the position statement is filed with the State Board,

the Department may file a Response to the position statement and provide a copy of the

position statement to the District or Institute.

edited with Priority

Improvement Plan or Accredited with Turnaround Plan. The District or the Institute shall

provide a copy of the position statement to the Department.

(4)

Within fifteen (15) days of the date the position statement is filed with the State Board,

the Department may file a Response to the position statement and provide a copy of the

position statement to the District or Institute.

(5)

The District or Institute shall file all relevant documents pertaining to the placement of the

District or Institute in the category of Accredited with Priority Improvement Plan or

Accredited with Turnaround Plan, which may include:

(A)

Written documents issued by the Department placing the District or Institute in

the category of Accredited with Priority Improvement Plan or Accredited with

Turnaround Plan;

(B)

Written correspondence between the District or Institute and the Department

concerning Accreditation; and

(C)

Any other documents, reports, correspondence and other written or electronic

materials related to the matters at issue.

(6)

The State Board shall hold a hearing on the matter at the earliest possible regularly

scheduled board meeting.

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(7)

The State Board shall issue a written order regarding the District’s or Institute’s final

Accreditation category within thirty (30) days of the date of the hearing and provide a

copy to the Local Board or Institute board and the Department.

6.0

District and Institute Accountability Processes: Contents of District and Institute Plans

and Timelines for Adoption, Review, and Publication of Plans

6.1

Each Local Board and the Institute board shall adopt a plan for improving student performance,

which plan shall align with the District’s or Institute’s final Accreditation rating. If assigned to

Accredited with Distinction or Accredited, the Local Board or Institute board shall adopt a

Performance Plan

f District and Institute Plans

and Timelines for Adoption, Review, and Publication of Plans

6.1

Each Local Board and the Institute board shall adopt a plan for improving student performance,

which plan shall align with the District’s or Institute’s final Accreditation rating. If assigned to

Accredited with Distinction or Accredited, the Local Board or Institute board shall adopt a

Performance Plan. If assigned to Accredited with Improvement Plan, the Local Board or Institute

board shall adopt an Improvement Plan. If assigned to Accredited with Priority Improvement Plan,

the Local Board or Institute board shall adopt a Priority Improvement Plan. If assigned to

Accredited with Turnaround Plan, the Local Board or Institute board shall adopt a Turnaround

Plan. If assigned to “Insufficient State Data,” the Local Board or Institute shall adopt the plan type

to which the Local Board or Institute was previously assigned.

6.2

Each District and Institute plan shall:

(1)

Reflect on the targets that were set by the District or Institute in its prior plan;

(2)

Set, reaffirm, or revise, as appropriate, ambitious but attainable targets that the District,

including District public schools, or the Institute, including Institute charter schools, shall

attain on the Performance Indicators. The targets shall be aligned with the statewide

targets set by the State Board, as described in section 3.02 of these rules. These targets

must include targets that the District, including the District public schools, or the Institute,

including the Institute charter schools, shall attain in reducing the number of students who

are identified, pursuant to section 22-7-1205, C.R.S., as having significant reading

deficiencies and in ensuring that each student achieves grade-level expectations in

reading;

02 of these rules. These targets

must include targets that the District, including the District public schools, or the Institute,

including the Institute charter schools, shall attain in reducing the number of students who

are identified, pursuant to section 22-7-1205, C.R.S., as having significant reading

deficiencies and in ensuring that each student achieves grade-level expectations in

reading;

(3)

Identify positive and negative trends for District public schools as a group and individually

or for Institute charter schools as a group and individually in the levels of attainment by

the public schools as a group and individually on the Performance Indicators;

(4)

Assess and prioritize the District’s or Institute’s most significant student performance

challenges;

(5)

Assess and prioritize the root causes of any low-performance for the District and for the

individual District public schools or for the Institute and for the individual Institute charter

schools that must be addressed to raise the levels of attainment on the Performance

Indicators by the District public schools or the Institute charter schools and to improve

school readiness in District public schools or Institute charter schools that serve students

in preschool and kindergarten. For a District’s Priority Improvement Plan or Turnaround

Plan, if the District or Institute authorizes a public school that is operating under a Priority

Improvement or Turnaround Plan and enrolls students in preschool, kindergarten, or any

of grades one through three, the needs assessment shall include, but shall not be limited

to, the early childhood learning needs assessment described in section 22-11-305(4),

C.R.S;

ity Improvement Plan or Turnaround

Plan, if the District or Institute authorizes a public school that is operating under a Priority

Improvement or Turnaround Plan and enrolls students in preschool, kindergarten, or any

of grades one through three, the needs assessment shall include, but shall not be limited

to, the early childhood learning needs assessment described in section 22-11-305(4),

C.R.S;

(6)

Identify specific, research-based strategies to address the District’s or Institute’s root

causes of any low-performance, including strategies to address the needs of students

enrolled in kindergarten and first, second, and third grade who are identified pursuant to

section 22-7-1205, C.R.S., as having significant reading deficiencies.

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For a District Turnaround Plan, such strategies shall, at a minimum, include one or more

of the following:

(A)

Employing a lead turnaround partner that uses research-based strategies and

has a proven record of success working with schools under similar

circumstances, which turnaround partner shall be immersed in all aspects of

developing and collaboratively executing the Turnaround Plan and shall serve as

a liaison to other school partners;

(B)

Reorganizing the oversight and management structure within the District or the

Institute to provide greater, more effective support for public schools;

(C)

For a District, recognizing individual District public schools as innovation schools

or clustering District public schools with similar governance or management

structures into one or more innovation school zones and seeking designation as

a District of innovation pursuant to Article 32.5 of Title 22;

(D)

Hiring an entity that uses research-based strategies and has a proven record of

success working with schools under similar circumstances to operate one or

more District public schools or Institute charter schools pursuant to a contract

with the Local Board or the Institute;

(E)

For a District, converting one or

king designation as

a District of innovation pursuant to Article 32.5 of Title 22;

(D)

Hiring an entity that uses research-based strategies and has a proven record of

success working with schools under similar circumstances to operate one or

more District public schools or Institute charter schools pursuant to a contract

with the Local Board or the Institute;

(E)

For a District, converting one or more District public schools to charter schools;

(F)

For the Institute, renegotiating and significantly restructuring an Institute charter

school’s charter contract;

(G)

Closing District public schools or Institute charter schools; and

(H)

Other actions of comparable or greater significance or effect;

(7)

Identify the local, state and federal resources that the District or the Institute will use to

implement the identified strategies with fidelity;

(8)

Identify implementation benchmarks and interim measures that the District or the Institute

will use to evaluate whether the identified strategies are carried out with fidelity and

whether to adjust practice;

(9)

For any Priority Improvement or Turnaround Plan that a District or the Institute adopts for

the fourth year in which the District or Institute is on Performance Watch, include a

general explanation for how the District or Institute may put into effect each of the actions

described in section 22-11-209(2)(a)(I), C.R.S., for a District or section 22-11-

209(2)(a)(II), C.R.S., for the Institute;

(9)

For any Priority Improvement or Turnaround Plan that a District or the Institute adopts for

the fourth year in which the District or Institute is on Performance Watch, include a

general explanation for how the District or Institute may put into effect each of the actions

described in section 22-11-209(2)(a)(I), C.R.S., for a District or section 22-11-

209(2)(a)(II), C.R.S., for the Institute;

(10)

For a District, beginning with plans adopted for the 2020-21 school year:

(A)

Identify the core and supplemental reading curriculum used at each grade level

including kindergarten (for each of the District public schools that includes a

kindergarten educational program), which core and supplemental reading

curriculum must be designed around teaching the foundational reading skills of

phonemic awareness, phonics, vocabulary development, reading fluency

including oral skills, and reading comprehension;

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(B)

Identify the targeted, evidence-based or scientifically based core and

supplemental reading instructional programs and intervention reading instruction,

services, and other supports, including those available through the multi-tiered

systems of supports or a comparable intervention system that each District public

school provides to students who are identified as having a significant reading

deficiency or as reading below grade level;

(C)

Identify the assessments that each District public school uses at each grade level

to meet the requirements specified in section 22-7-1205(1), C.R.S.; and

(D)

If the District public school receives and uses per-pupil intervention money, or

money received through the early literacy grant program for professional

development, the plan for providing the professional development, which

development must be targeted, evidence based or scientifically based, and

aligned with the instruction, services, and other supports provided to students

who are identified as having a significant reading deficiency or as re

r-pupil intervention money, or

money received through the early literacy grant program for professional

development, the plan for providing the professional development, which

development must be targeted, evidence based or scientifically based, and

aligned with the instruction, services, and other supports provided to students

who are identified as having a significant reading deficiency or as reading below

grade level.

(11)

Address any other issues raised by the Department through the Accreditation process

described in sections 4.00 and 5.00 of these rules.

6.3

Beginning with the 2021-22 school year, if a District or the Institute receives an initial

accreditation rating of Accredited with a Priority Improvement Plan or Accredited with a

Turnaround Plan, the Local Board or the Institute board shall adopt the Priority Improvement Plan

or Turnaround Plan and submit it to the Department by no later than October 15th, unless one of

the following exceptions applies; if the District or the Institute submits a request for the

Department to reconsider an initial accreditation rating, appeals the Department’s accreditation

rating before the State Board, or has not previously adopted a Priority Improvement Plan or

Turnaround Plan, then the Local Board or the Institute Board shall adopt and submit its plan to

the Department by no later than January 15th.

(1)

For a Priority Improvement Plan, the Commissioner shall review the plan and may assign

the State Review Panel to critically evaluate the plan, which may include one or more site

visits, as described in section 22-11-208(3), C.R.S. The Commissioner may recommend

modifications to the plan. If the Commissioner recommends modifications to the plan and

the Local Board or Institute board revises the plan, the Local Board or Institute board

shall submit such updated plan by a date negotiated between the District or Institute and

the Department and no later than three months after receiving recommendations from the

Commissioner

.S. The Commissioner may recommend

modifications to the plan. If the Commissioner recommends modifications to the plan and

the Local Board or Institute board revises the plan, the Local Board or Institute board

shall submit such updated plan by a date negotiated between the District or Institute and

the Department and no later than three months after receiving recommendations from the

Commissioner. The Department shall post each plan on SchoolView within two weeks of

receiving it.

(2)

For a Turnaround Plan, the Commissioner shall review the plan and may assign the State

Review Panel to critically evaluate the plan, which may include one or more site visits, as

described in section 22-11-208(3), C.R.S. The Commissioner may suggest modifications

to the plan. If the Commissioner suggests modifications to the plan, the Local Board or

Institute board shall revise the plan and resubmit an updated plan for approval by a date

negotiated between the District or Institute and the Department and no later than three

months after receiving suggestions from the Commissioner. The Department shall post

each plan on SchoolView within two weeks of receiving it.

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6.4

Beginning with the 2021-22 school year, if a District or the Institute receives an initial

accreditation rating of Accredited with Distinction, Accredited, or Accredited with Improvement

Plan and is on Performance Watch, the Local Board or the Institute board shall adopt and submit

such plan to the Department by no later than October 15th, unless the District or the Institute

submits a request for the Department to reconsider an initial Accreditation rating, whereby the

Local Board or the Institute Board shall adopt and submit its plan to the Department by no later

than January 15th. The Commissioner may recommend modifications to the plan

titute board shall adopt and submit

such plan to the Department by no later than October 15th, unless the District or the Institute

submits a request for the Department to reconsider an initial Accreditation rating, whereby the

Local Board or the Institute Board shall adopt and submit its plan to the Department by no later

than January 15th. The Commissioner may recommend modifications to the plan. If the

Commissioner recommends modifications to the plan and the Local Board or Institute board

revises the plan, the Local Board or Institute board shall submit such updated plan by a date

negotiated between the District or Institute and the Department and no later than three months

after receiving recommendations from the Commissioner. The Department shall post each plan

on SchoolView within two weeks of receiving it.

6.5

Beginning with the 2021-22 school year, if a District or the Institute receives an initial

accreditation rating of Accredited with Distinction, Accredited, or Accredited with Improvement

Plan and is not on Performance Watch, the Local Board or the Institute board shall adopt and

submit such plan to the Department by no later than October 15th unless the District or the

Institute submits a request for the Department to reconsider an initial accreditation rating,

whereby the Local Board or the Institute Board shall adopt and submit its plan to the Department

by no later than January 15th. The Department shall post each plan on SchoolView within two

weeks of receiving it.

6.6

Immediately after submitting a final plan to the Department, the Local Board or the Institute board

shall begin to implement the plan.

6.7

So long as a District or the Institute maintains the status of Accredited or Accredited with

Distinction, the Local Board or Institute board may adopt and submit a District Performance Plan

every two years. This flexibility shall not apply to any district on Performance Watch

er submitting a final plan to the Department, the Local Board or the Institute board

shall begin to implement the plan.

6.7

So long as a District or the Institute maintains the status of Accredited or Accredited with

Distinction, the Local Board or Institute board may adopt and submit a District Performance Plan

every two years. This flexibility shall not apply to any district on Performance Watch. Regardless

of whether a Performance Plan is submitted only every two years, each District must submit to

the Department, annually, the information described in subsection 6.02(10) of these rules.

6.8

A District with 1,000 students or fewer may submit a single plan to satisfy both the District plan

requirements and any public school plan requirements, so long as the plan meets all state and

federal requirements for the District and public schools included in the plan. A District with more

than 1,000 but fewer than 1,200 students may, upon request and at the Department’s discretion,

submit a single plan to satisfy the District plan requirements and any public school plan

requirements, so long as the plan meets all state and federal requirements. A District that is

authorized to submit a single plan and that, as described in section 6.07 of these rules, is also

authorized to submit a two-year plan may submit a single plan to satisfy both District and public

school requirements only if each of the public schools that is included in the plan also are

authorized, as described in section 9.07 of these rules, to submit a two-year Performance Plan.

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authorized to submit a two-year plan may submit a single plan to satisfy both District and public

school requirements only if each of the public schools that is included in the plan also are

authorized, as described in section 9.07 of these rules, to submit a two-year Performance Plan.

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7.0

District and Institute Accountability Processes: Directed Action and Removal of

Accreditation

7.1

If a District or the Institute is Accredited with a Turnaround Plan and the Department determines

that the District or Institute has failed to make substantial progress under its Turnaround Plan or if

the District or Institute has been on Performance Watch for the full five (5) years, the

Commissioner shall assign the State Review Panel to critically evaluate the District's or the

Institute's performance. The Department shall exclude a District’s or the Institute’s Accreditation

rating for the 2020-21, 2021-22, and 2022-23 school years from the calculation of five (5) years.

However, if a District or the Institute submits a request for reconsideration in the fall of 2022 and it

is approved by the Department, the District’s or Institute’s 2022-23 Accreditation rating may be

factored into the calculation of five (5) years. The State Review Panel will recommend one or

more of the following actions:

(1)

If the recommendation applies to a District:

(A)

That the District's accreditation be removed;

(B)

That the District be reorganized pursuant to Article 30 of this Title 22, which

reorganization may include consolidation;

(C)

That a private or public entity, with the agreement of the District serve as a lead

partner in the management of the District or partially or wholly manage one or

more of the District Public Schools

pplies to a District:

(A)

That the District's accreditation be removed;

(B)

That the District be reorganized pursuant to Article 30 of this Title 22, which

reorganization may include consolidation;

(C)

That a private or public entity, with the agreement of the District serve as a lead

partner in the management of the District or partially or wholly manage one or

more of the District Public Schools. The Local Board and the Department shall

ensure that the private or public entity uses research-based strategies and has a

proven record of success working with school districts and schools under similar

circumstances;

(D)

That one or more of the District Public Schools be converted to a charter school;

(E)

That one or more of the District Public Schools be granted status as an

innovation school pursuant to section 22-32.5-104, C.R.S., or that the Local

Board recognize a group of District Public Schools as an innovation school zone

pursuant to section 22-32.5-104, C.R.S.; or

(F)

That one or more of the District Public Schools be closed.

(2)

If the recommendation applies to the Institute:

(A)

That the Institute's Accreditation be removed;

(B)

That the Institute board be abolished and that the governor appoint a new

Institute board pursuant to section 22-30.5-505, C.R.S.;

(C)

That a public or private entity take over management of the Institute or

management of one or more of the Institute Charter Schools; or

(D)

That one or more of the Institute Charter Schools be closed.

7.2

After critically evaluating the District’s or Institute’s performance, the State Review Panel shall

submit a written recommendation to the Commissioner. The Department shall forward the written

recommendation to the State Board Office, the applicable Local Board or Institute board, and

District or Institute staff.

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7.2

After critically evaluating the District’s or Institute’s performance, the State Review Panel shall

submit a written recommendation to the Commissioner. The Department shall forward the written

recommendation to the State Board Office, the applicable Local Board or Institute board, and

District or Institute staff.

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7.3

Following the release of the Department’s initial Accreditation ratings that place a District or the

Institute in the fifth year of Performance Watch, the Department shall provide a copy of a written

recommendation from the Commissioner to the State Board Office concerning one or more of the

actions described in section 7.01 of these rules. The Department shall send a copy of the written

recommendation to the applicable Local Board or Institute board and District or Institute staff.

7.4

When a District or the Institute has been on Performance Watch for five (5) years, the State

Board shall hold a public hearing to consider the recommendations of the State Review Panel

and the Commissioner for a District or the Institute. The public hearing shall be held between

October 1st and February 28th of the academic school year in which the District or Institute is

Accredited with a Priority Improvement Plan or Turnaround Plan for the fifth year while on

Performance Watch.Prior to the public hearing, the District or Institute shall have the opportunity

to submit to the State Board a written report detailing the District’s or Institute’s preferred course

of action, based on the available options described in section 7.01 of these rules and which best

addresses the root cause(s) for persistent low student performance. At the public hearing, the

District or Institute and the Department shall have an opportunity to present information to the

State Board

ubmit to the State Board a written report detailing the District’s or Institute’s preferred course

of action, based on the available options described in section 7.01 of these rules and which best

addresses the root cause(s) for persistent low student performance. At the public hearing, the

District or Institute and the Department shall have an opportunity to present information to the

State Board. At the conclusion of the public hearing, the State Board may ask the District or

Institute and the Department to submit proposed written final determinations for the State Board’s

consideration at a subsequent meeting.

7.5

Per section 22-11-209(3.5), C.R.S., if a District or the Institute continues to be Accredited with

Priority Improvement or Turnaround Plan after the State Board initially directs action as described

in sections 7.01 – 7.04 of these rules, then the Commissioner may in any year, but shall every

two years, assign the State Review Panel to critically evaluate the District’s or Institute’s

performance and recommend one or more of the actions described in section 7.01 of these rules.

The State Board shall consider the State Review Panel’s recommendations, the previously-

directed actions, the fidelity with which the District or Institute has implemented the directed

actions, and whether the amount of time to implement the previously directed actions is

reasonably sufficient to achieve results. At its discretion, the State Board also may consider the

District’s or Institute’s 2022-23 Accreditation rating. The State Board shall require the District or

the Institute either to continue the previously directed actions or to undertake additional or

different actions outlined in section 7.01 of these rules

o implement the previously directed actions is

reasonably sufficient to achieve results. At its discretion, the State Board also may consider the

District’s or Institute’s 2022-23 Accreditation rating. The State Board shall require the District or

the Institute either to continue the previously directed actions or to undertake additional or

different actions outlined in section 7.01 of these rules.

7.6

If the Department recommends to the Commissioner and State Board that the State Board

remove a District’s or the Institute’s Accreditation for the reasons outlined in section 22-11-

209(1)(c), C.R.S., concerning budget and financial policies and procedures or accounting and

financial reporting, the District or Institute shall have the right to appeal to the State Board before

the State Board takes action to remove the District’s or the Institute’s accreditation. Any such

appeal shall proceed as follows:

(1)

Within ten (10) days of receiving the Department’s written recommendation, the District or

Institute shall file with the State Board notice that the District or Institute wishes to appeal

the recommendation.

(2)

Within ten (10) days of receiving the notice of appeal, the State Board Office shall provide

a scheduling notification to the District or Institute in writing. The scheduling notification

shall provide the date of the next regularly scheduled State Board meeting. After

conferring with the District or the Institute, the State Board Office shall include in the

scheduling notification the filing deadlines for the appeal. The deadlines set forth below in

this section 7.03 of these rules may be modified by agreement between the Department

and the District or Institute with approval of the State Board Office.

of the next regularly scheduled State Board meeting. After

conferring with the District or the Institute, the State Board Office shall include in the

scheduling notification the filing deadlines for the appeal. The deadlines set forth below in

this section 7.03 of these rules may be modified by agreement between the Department

and the District or Institute with approval of the State Board Office.

(3)

Within fifteen (15) days of receipt of the scheduling notification, the District or Institute

shall file a position statement setting forth the specific grounds for the assertion that the

District or Institute should not have its Accreditation removed. The District or the Institute

shall provide a copy of the position statement to the Department.

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(4)

Within fifteen (15) days of the date the position statement is filed with the State Board,

the Department may file a Response to the position statement and provide a copy of the

position statement to the District or Institute.

(5)

The District or Institute shall file all relevant documents pertaining to the removal of the

District’s or Institute’s Accreditation, which may include:

(A)

Written documents issued by the Department recommending removal of

Accreditation;

(B)

Written correspondence between the District or Institute concerning

Accreditation; and

(C)

Any other documents, reports, correspondence and other written or electronic

materials related to the matters at issue.

(6)

The State Board shall hold a hearing on the matter at the earliest possible regularly

scheduled board meeting.

uments issued by the Department recommending removal of

Accreditation;

(B)

Written correspondence between the District or Institute concerning

Accreditation; and

(C)

Any other documents, reports, correspondence and other written or electronic

materials related to the matters at issue.

(6)

The State Board shall hold a hearing on the matter at the earliest possible regularly

scheduled board meeting.

(7)

The State Board shall issue a written final determination on the removal of the District’s

or Institute’s Accreditation within thirty (30) days of the date of the hearing, and provide a

copy to the District or Institute and the Department. The written determination shall be

final.

7.7

If a District's or the Institute's Accreditation is removed and the District or the Institute is

reorganized and takes any other actions directed by the State Board, the State Board shall

reinstate the District's or the Institute's Accreditation at the Accreditation category deemed

appropriate by the State Board.

8.0

Public School Accountability Processes: Plan Type Assignments

8.1

By no later than August 31st of each year, the Department shall provide to Public School

authorizers an initial recommendation for each of the authorizer’s Public Schools as to whether

the Public School must implement a Performance Plan, Improvement Plan, Priority Improvement

Plan or Turnaround Plan.

8.2

In determining an initial recommendation for each Public School, the Department shall apply the

following criteria:

st 31st of each year, the Department shall provide to Public School

authorizers an initial recommendation for each of the authorizer’s Public Schools as to whether

the Public School must implement a Performance Plan, Improvement Plan, Priority Improvement

Plan or Turnaround Plan.

8.2

In determining an initial recommendation for each Public School, the Department shall apply the

following criteria:

(1)

The Public School’s level of attainment of the statewide targets on the Performance

Indicators, calculated in accordance with section 3.0 of these rules.

(A)

The Department shall determine whether the Public School exceeds, meets,

approaches or does not meet statewide targets for each Performance Indicator.

(B)

If the Public School’s authorizer chooses not to endorse a high school diploma as

described in section 22-7-1009(2), C.R.S., the Public School will not be penalized

for such choice when it is assigned to a plan type.

(C)

In evaluating the level of attainment on student dropout and graduation rates, the

Department, to the extent practicable, shall ensure that the Public School is not

penalized for re-engaging students and ensuring that all students successfully

graduate;

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(2)

The percentage of students enrolled in the Public School who are not tested on the

Statewide Assessments; and

(3)

The Public School’s failure to administer Statewide Assessments in a standardized and

secure manner so that resulting assessment scores are reflective of independent student

performance. The Commissioner shall determine whether a Public School has failed to

administer statewide assessment results in a standardized and secure manner so that

resulting assessment scores are reflective of independent student performance and

whether the failure was pervasive and egregious enough to warrant a change in the

Public School’s Accreditation rating

flective of independent student

performance. The Commissioner shall determine whether a Public School has failed to

administer statewide assessment results in a standardized and secure manner so that

resulting assessment scores are reflective of independent student performance and

whether the failure was pervasive and egregious enough to warrant a change in the

Public School’s Accreditation rating. If the Public School otherwise would have been

directed to implement a Performance Plan or Improvement Plan, it instead may be

directed to implement a Priority Improvement Plan. If the Public School otherwise would

have been directed to implement a Priority Improvement Plan, it instead may be directed

to implement a Turnaround Plan.

8.3

When applying the criteria above to determine an initial recommendation for the type of plan each

Public School shall implement, the Department shall place the greatest emphasis on attainment

of the Performance Indicators. When evaluating attainment of the Performance Indicators, the

Department shall place the greatest emphasis on student longitudinal academic growth and

postsecondary and workforce readiness.

8.4

The Department shall assign a Public School the “Insufficient State Data” label and direct the

Public School to adopt a plan that meets the requirements of the plan type to which the Public

School was previously assigned if the Public School does not have sufficient data to either:

(1)

publicly report data, including data for each Performance Indicator, while protecting the

privacy of students; or

The Department shall assign a Public School the “Insufficient State Data” label and direct the

Public School to adopt a plan that meets the requirements of the plan type to which the Public

School was previously assigned if the Public School does not have sufficient data to either:

(1)

publicly report data, including data for each Performance Indicator, while protecting the

privacy of students; or

(2)

adequately represent the Public School’s total student population because it reflects

scores from less than 25 percent of students in tested grades. If the Public School was

previously assigned to a Priority Improvement or Turnaround Plan and was on

Performance Watch, the Public School will remain on Performance Watch but will

exclude the current year from the calculation of the five (5) years of low performance

described in section 22-11-210(1)(d)(I), C.R.S.

8.5

If a single Public School divides into two or more schools, the student performance data and

accountability history and status from the original school’s relevant grade span will carry over to

the new schools.

8.6

On or before the date that the Department notifies each Public School authorizer of the initial

recommendation for the type of plan the authorizer’s Public Schools shall implement, the

Department shall also provide the data used by the Department to conduct its analysis of each

Public School’s performance.

8.7

If a District or the Institute disagrees with one or more of the Department’s initial

recommendations for the type of plan a Public School shall implement, the District or Institute

may submit to the Department a request for reconsideration. Such request shall be submitted

within eight weeks of receiving notice of the Department’s initial recommendation for the type of

plan the Public School shall implement. Such request must include an assurance that the District

or Institute has complied with requirements for assessment participation policies under section

22-7-1013(8)(c), C.R.S

ubmit to the Department a request for reconsideration. Such request shall be submitted

within eight weeks of receiving notice of the Department’s initial recommendation for the type of

plan the Public School shall implement. Such request must include an assurance that the District

or Institute has complied with requirements for assessment participation policies under section

22-7-1013(8)(c), C.R.S. For the 2022-23 school year, a District or the Institute may only submit a

request to reconsider if the Public School’s student participation rate on 2021-22 Statewide

Assessments was at least 90 percent.

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8.8

Upon receiving a request for reconsideration, the Department shall take the following information

into account in determining a final plan type recommendation:

(1)

When available, achievement data from a nationally-normed assessment other than a

Statewide Assessment from a grade or subject that is not tested on a Statewide

Assessment, if the Department has determined that the supplemental data is valid and

reliable and derived from assessments that are aligned with the state standards adopted

pursuant to section 22-7-1005, C.R.S. Such data must be representative of the applicable

population, meaning that ninety-five (95) percent or more of applicable population was

tested. The Department shall separately account for the performance of each Student

Group when evaluating both assessment results and participation rates;

(2)

When available, growth analysis of the type of achievement data described in

subparagraph (1) above;

(3)

Analysis of the length of time for which the Public School has been unable to meet the

statewide targets on the Performance Indicators;

tested. The Department shall separately account for the performance of each Student

Group when evaluating both assessment results and participation rates;

(2)

When available, growth analysis of the type of achievement data described in

subparagraph (1) above;

(3)

Analysis of the length of time for which the Public School has been unable to meet the

statewide targets on the Performance Indicators;

(4)

The progress the Public School is making in improving its performance and in

approaching achievement of the statewide targets and the degree to which the Public

School is not achieving the statewide targets (e.g., quality of the district’s most recent

Unified Improvement Plan);

(5)

When available, measures of postsecondary and workforce readiness other than the

measures described in section 3.06 of these rules when the data used for such measures

is representative of at least ninety-five (95) percent of the applicable student population,

as determined by the Department. This may include the percentages of students enrolled

in a high school who, based on attainment of course credits or demonstrated

competencies, are on schedule to graduate within four, five, six, or seven years;

(6)

If the Public School has participation rates below eighty-five (85) percent on the

Statewide Assessments, data showing how the students who participated in the

Statewide Assessments are not representative of the Public School’s total population;

(7)

If the Public School’s plan type assignment was lowered one level due to low student

participation in Statewide Assessments, information concerning whether the Public

School historically has attained ninety-five (95) percent participation rates, inadvertent

test misadministration occurred, or the Public School has a particularly small student

population; and

e Public School’s total population;

(7)

If the Public School’s plan type assignment was lowered one level due to low student

participation in Statewide Assessments, information concerning whether the Public

School historically has attained ninety-five (95) percent participation rates, inadvertent

test misadministration occurred, or the Public School has a particularly small student

population; and

(8)

The extent to which the Public School has been subject to an event that has caused

significant disruption during the school year, including but not limited to acts of violence,

the death of students or staff, or natural disasters such as fire, flood, earthquake,

avalanche or tornado.

8.9

When evaluating the information described above, the Department may accommodate Public

Schools with small student populations by allowing exceptions to the participation rate

requirements described in section 8.08 of these rules and may allow the Public School to submit

data for multiple years. For the 2022-23 school year, the request to reconsider process will

include a simplified approval process if a Public School has shown sufficiently improved

performance on 2021-22 Statewide Assessments.

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8.10

By no later than December 15th of each school year, the Department shall submit final school

plan type recommendations to the State Board for the State Board’s approval. By no later than

December 30th of each school year, the Department shall notify Public Schools, School Districts

and the Institute of the type of plan the Public Schools shall implement.

9.0

Public School Accountability Processes: Contents of School Plans and Timelines for

Adoption, Review, and Publication of School Plans

9.1

If a District public school is directed to implement a Performance Plan or Improvement Plan, the

school principal and District superintendent, or his or her designee, shall adopt the plan

d the Institute of the type of plan the Public Schools shall implement.

9.0

Public School Accountability Processes: Contents of School Plans and Timelines for

Adoption, Review, and Publication of School Plans

9.1

If a District public school is directed to implement a Performance Plan or Improvement Plan, the

school principal and District superintendent, or his or her designee, shall adopt the plan. The

Local Board is encouraged to review and approve such plan and to consider in its local policies

whether it would like to require the school principal and District superintendent or designee to

submit the plan to the Local Board for approval. If a District public school is directed to implement

a Priority Improvement Plan or Turnaround Plan, the Local Board shall adopt the plan.

9.2

If an Institute charter school is directed to implement a Performance Plan or Improvement Plan,

the school principal shall adopt the plan. The Institute board is encouraged to review and approve

such plan. The Institute board is encouraged to consider whether it would like to require the

school principal to submit the plan to the Institute board for approval. If an Institute charter school

is directed to implement a Priority Improvement Plan or Turnaround Plan, the Institute board shall

adopt the plan.

9.3

Each public school plan shall:

(1)

Reflect on the targets that were set by the public school in its prior plan;

(2)

Set, reaffirm, or revise, as appropriate, ambitious but attainable targets that the public

school shall attain on the Performance Indicators. The targets shall be aligned with the

statewide targets set by the State Board, as described in section 3.02 of these rules

dopt the plan.

9.3

Each public school plan shall:

(1)

Reflect on the targets that were set by the public school in its prior plan;

(2)

Set, reaffirm, or revise, as appropriate, ambitious but attainable targets that the public

school shall attain on the Performance Indicators. The targets shall be aligned with the

statewide targets set by the State Board, as described in section 3.02 of these rules. If

the public school serves students in kindergarten and first, second, and third grades,

these targets must include targets that the public school shall attain in reducing the

number of students who are identified, pursuant to section 22-7-1205, C.R.S., as having

significant reading deficiencies and in ensuring that each student achieves grade-level

expectations in reading;

(3)

Identify positive and negative trends in the levels of attainment by the public school on

the Performance Indicators;

(4)

Assess and prioritize the public school’s most significant student performance

challenges;

(5)

Assess and prioritize the root causes of any low-performance for the public school that

must be addressed to raise the levels of attainment on the Performance Indicators by the

public school and to improve school readiness, if the public school serves students in

preschool or kindergarten. If the public school serves students in preschool, kindergarten,

or any of grades one through three and is directed to implement a Priority Improvement

Plan or Turnaround Plan, the needs assessment shall include, but shall not be limited to,

the early childhood learning needs assessment described in section 22-11-405(4.5),

C.R.S;

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ic school serves students in preschool, kindergarten,

or any of grades one through three and is directed to implement a Priority Improvement

Plan or Turnaround Plan, the needs assessment shall include, but shall not be limited to,

the early childhood learning needs assessment described in section 22-11-405(4.5),

C.R.S;

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(6)

Identify specific, research-based strategies that are appropriate in scope, intensity, and

type to address the public school’s root causes of any low-performance. If the public

school serves students in kindergarten and first, second, and third grades, these

strategies must include the strategies to be used in addressing the needs of students

enrolled in kindergarten and first, second, and third grade who are identified pursuant to

section 22-7-1205, C.R.S., as having significant reading deficiencies. For a Priority

Improvement Plan or Turnaround Plan, these strategies must incorporate strategies to

increase parent engagement in the public school. For a Turnaround Plan, such strategies

shall, at a minimum, include one or more of the following:

(A)

Employing a lead turnaround partner that uses research-based strategies and

has a proven record of success working with schools under similar

circumstances, which turnaround partner shall be immersed in all aspects of

developing and collaboratively executing the Turnaround Plan and shall serve as

a liaison to other school partners;

(B)

Reorganizing the oversight and management structure within the public school to

provide greater, more effective support;

(C)

For a District public school, seeking recognition as an innovation school or

clustering with other District public schools that have similar governance or

management structures to form an innovation school zone pursuant to Article

32.5 of Title 22;

(D)

Hiring a public or private entity that uses research-based strategies and has a

proven record of success working with schools under similar circumstances to

manage the p

school, seeking recognition as an innovation school or

clustering with other District public schools that have similar governance or

management structures to form an innovation school zone pursuant to Article

32.5 of Title 22;

(D)

Hiring a public or private entity that uses research-based strategies and has a

proven record of success working with schools under similar circumstances to

manage the public school pursuant to a contract with the Local Board or the

Institute;

(E)

For a District public school that is not a charter school, converting to a charter

school;

(F)

For a District charter school or an Institute charter school, renegotiating and

significantly restructuring the charter school’s charter contract;

(G)

For a public school that serves students enrolled in kindergarten or any of grades

one through three, that the public school invest in research-based strategies

focused on early learning and development to address any deficiencies identified

in the early childhood learning needs assessment described in section 22-11-

305(4), C.R.S., if the cause of the public school’s low performance is directly

related to lack of school readiness and access to quality early learning

opportunities, as demonstrated by student achievement data for the early

elementary grades, and the public school has not successfully implemented

these strategies in the preceding school years. A public school shall implement

such strategies focused on early learning and development in combination with

at least one other research-based strategy described in this subsection 9.03(6) of

these rules; and

(H)

Other actions of comparable or greater significance or effect;

(7)

Identify the local, state, and federal resources that the public school will use to implement

the identified strategies with fidelity;

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mbination with

at least one other research-based strategy described in this subsection 9.03(6) of

these rules; and

(H)

Other actions of comparable or greater significance or effect;

(7)

Identify the local, state, and federal resources that the public school will use to implement

the identified strategies with fidelity;

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(8)

Identify implementation benchmarks and interim measures that the public school will use

to evaluate whether the identified strategies are carried out with fidelity and whether to

adjust practice;

(9)

For any Priority Improvement or Turnaround Plan that a public school adopts for the

fourth year in which the public school is on Performance Watch, include a general

explanation for how the public school may put into effect the applicable actions described

in section 22-11-210(5)(a), C.R.S.; and

(10)

For a District charter school plan or an Institute charter school plan, beginning with plans

adopted for the 2020-21 school year:

(A)

Identify the core and supplemental reading curriculum used at each grade level

including kindergarten (for each school that includes a kindergarten educational

program), which core and supplemental reading curriculum must be designed

around teaching the foundational reading skills of phonemic awareness, phonics,

vocabulary development, reading fluency including oral skills, and reading

comprehension;

(B)

Identify the targeted, evidence-based or scientifically based core and

supplemental reading instructional programs and intervention reading instruction,

services, and other supports, including those available through the multi-tiered

systems of supports or a comparable intervention system that the school

provides to students who are identified as having a significant reading deficiency

or as reading below grade level;

(C)

Identify the assessments that the school uses at each grade level to meet the

requirements specified in section 22-7-1205(1), C.R.S.; and

(D)

If the school receives and uses

available through the multi-tiered

systems of supports or a comparable intervention system that the school

provides to students who are identified as having a significant reading deficiency

or as reading below grade level;

(C)

Identify the assessments that the school uses at each grade level to meet the

requirements specified in section 22-7-1205(1), C.R.S.; and

(D)

If the school receives and uses per-pupil intervention money, or money received

through the early literacy grant program for professional development, the

school’s plan for providing the professional development, which development

must be targeted, evidence based or scientifically based, and aligned with the

instruction, services, and other supports provided to students who are identified

as having a significant reading deficiency or as reading below grade level.

(11)

Address any other issues raised by the Department through the performance review

described in section 8.00 of these rules.

9.4

Beginning with the 2021-22 school year, if a public school receives an initial school plan type

assignment of Priority Improvement Plan or Turnaround Plan, the Local Board or the Institute

board shall adopt such plan and submit it to the Department by no later than October 15th unless

one of the following exceptions applies; if the District or the Institute submits a request for the

Department to reconsider an initial school plan type or has not previously adopted a Priority

Improvement Plan or Turnaround Plan for the school, then the Local Board or the Institute Board

shall adopt and submit such plan to the Department by no later than January 15th.

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trict or the Institute submits a request for the

Department to reconsider an initial school plan type or has not previously adopted a Priority

Improvement Plan or Turnaround Plan for the school, then the Local Board or the Institute Board

shall adopt and submit such plan to the Department by no later than January 15th.

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(1)

For a Priority Improvement Plan, the Commissioner may assign the State Review Panel

to critically evaluate the plan, which may include one or more site visits, subject to

available appropriations and as described in section 22-11-210(4), C.R.S. The

Commissioner may recommend modifications to the plan. If the Commissioner

recommends modifications to the plan and the Local Board or Institute board revises the

plan, the Local Board or Institute board shall resubmit such updated plan to the

Commissioner by a date negotiated between the District or Institute and the Department

and no later than three months after receiving recommendations from the Commissioner.

The Department shall post each plan on SchoolView within two weeks of receiving it.

(2)

For a Turnaround Plan, the State Review Panel shall critically evaluate the plan, which

may include one or more site visits, as described in section 22-11-210(4), C.R.S. The

Commissioner may suggest modifications to the plan. If the Commissioner suggests

modifications to the plan, the Local Board or Institute board shall revise the plan, if

necessary, and resubmit the plan for approval by a date negotiated with the Department

and no later than three months after receiving the suggestions from the Commissioner.

The Department shall post each plan on SchoolView within two weeks of receiving it

modifications to the plan. If the Commissioner suggests

modifications to the plan, the Local Board or Institute board shall revise the plan, if

necessary, and resubmit the plan for approval by a date negotiated with the Department

and no later than three months after receiving the suggestions from the Commissioner.

The Department shall post each plan on SchoolView within two weeks of receiving it.

9.5

Beginning with the 2021-22 school year, if a public school receives an initial school plan type

assignment of Performance Plan or Improvement Plan while on Performance Watch, the Local

Board or Institute board shall submit such plan to the Department by no later than October 15th

unless the District or the Institute has submitted a request for the Department to reconsider an

initial school plan type. If the District or the Institute has sought reconsideration of the initial

school plan type assignment, the Local Board or the Institute Board shall submit the plan to the

Department by no later than January 15th. The Commissioner may recommend modifications to

the plan. If the Commissioner recommends modifications to the plan and the public school

revises the plan, the Local Board or Institute board shall resubmit such updated plan to the

Commissioner by a date negotiated between the District or Institute and the Department and no

later than three months after receiving the recommendations from the Commissioner. The

Department shall post each plan on SchoolView within two weeks of receiving it.

9.6

Beginning with the 2021-22 school year, if a public school receives an initial school plan type

assignment of Performance Plan or Improvement Plan and is not on Performance Watch, the

Local Board or Institute board shall submit such plan to the Department by no later than October

15th unless the District or the Institute has submitted a request for the Department to reconsider

the initial school plan type, whereby the Local Board or the Institute Board shall submit such plan

to the Department by no later than January 15th

or Improvement Plan and is not on Performance Watch, the

Local Board or Institute board shall submit such plan to the Department by no later than October

15th unless the District or the Institute has submitted a request for the Department to reconsider

the initial school plan type, whereby the Local Board or the Institute Board shall submit such plan

to the Department by no later than January 15th. The Department shall post the plan on

SchoolView within two weeks of receiving it.

9.7

For a District public school, immediately after submitting a final plan to the Department, the Local

Board or the Institute board shall begin to implement the plan. For an Institute school,

immediately after submitting a final plan to the Department, the principal shall begin to implement

the plan.

9.8

So long as a public school continues to be directed to implement a Performance Plan, the school

principal and District superintendent or designee, for a District public school, or the school

principal for an Institute charter school, may adopt and submit a Performance Plan every two

years. This flexibility shall not apply to any public school on Performance Watch or to any public

school assigned the “Insufficient State Data” label..

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26

10.0

Public School Accountability Processes: Directed Action

10.1

If a public school fails to make adequate progress under its Turnaround Plan or continues on

Performance Watch for the full five (5) years, the Commissioner shall assign the State Review

Panel to critically evaluate the Public School’s performance through an on-site visit to the Public

School and a review of documents. The Department shall exclude the 2020-21, 2021-22, and

2022-23 school years from the calculation of five (5) years. However, if a District or the Institute

submits a request for reconsideration in the fall of 2022 and it is approved by the Department, the

Public School’s 2022-23 plan type may be factored into the calculation of five (5) years

e visit to the Public

School and a review of documents. The Department shall exclude the 2020-21, 2021-22, and

2022-23 school years from the calculation of five (5) years. However, if a District or the Institute

submits a request for reconsideration in the fall of 2022 and it is approved by the Department, the

Public School’s 2022-23 plan type may be factored into the calculation of five (5) years. Upon

completing the evaluation, the State Review Panel shall determine which of the following actions

to recommend:

(1)

If the recommendation applies to a District Public School that is not a Charter School:

(A)

That the Public School be partially or wholly managed by a private or public entity

other than the District. The Local Board and the Department shall ensure that the

private or public entity uses research-based strategies and has a proven record

of success working with school districts and schools under similar circumstances;

(B)

That the Public School be converted to a Charter School;

(C)

That the Public School be granted status as an innovation school pursuant to

section 22-32.5-104, C.R.S.; or

(D)

That the Public School be closed.

(2)

If the recommendation applies to a District or Institute Charter School:

(A)

That the public or private entity operating the Charter School or the governing

board of the Charter Sch. ool be replaced by a different public or private entity or

governing board; or

(B)

That the Public School's charter be revoked.

10.2

The State Review Panel shall submit a written recommendation to the Commissioner. The

Department shall send a copy of the written recommendation to the State Board Office, the

applicable Local Board or Institute board, and District or Institute staff.

10.3

The State Board must hold a public hearing to consider the recommendation of the State Review

Panel for a Public School that has been on Performance Watch for five (5) years

ubmit a written recommendation to the Commissioner. The

Department shall send a copy of the written recommendation to the State Board Office, the

applicable Local Board or Institute board, and District or Institute staff.

10.3

The State Board must hold a public hearing to consider the recommendation of the State Review

Panel for a Public School that has been on Performance Watch for five (5) years. The public

hearing shall be held between October 1st and February 28th of the academic school year in

which the Public School is in its 5th year of a Priority Improvement or Turnaround Plan type while

on Performance Watch.

10.4

Prior to the public hearing, the District or Institute shall have the opportunity to submit to the State

Board a written report detailing the District’s or Institute’s preferred course of action for the Public

School under consideration, based on the available options described in section 10.01 of these

rules and which best addresses the root cause(s) for persistent low student performance. At the

public hearing, the District or Institute and the Department shall have an opportunity to present

information to the State Board. At the conclusion of the public hearing, the State Board may ask

the District or Institute to submit, with support from the Department, a proposed written final

determination for the State Board’s consideration.

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he District or Institute and the Department shall have an opportunity to present

information to the State Board. At the conclusion of the public hearing, the State Board may ask

the District or Institute to submit, with support from the Department, a proposed written final

determination for the State Board’s consideration.

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10.5

Per section 22-11-210(5.5), C.R.S., if a Public School continues to be required to implement a

Priority Improvement or Turnaround Plan after the State Board initially directs action as described

in sections 10.01 – 10.04 of these rules, then the Commissioner may in any year, but shall every

two years, assign the State Review Panel to critically evaluate the Public School’s performance

and recommend one of the actions described in section 10.01 of these rules. The State Board

shall consider the State Review Panel’s recommendations, the previously-directed actions, the

fidelity with which the authorizing District or Institute and the Public School have implemented the

directed actions, and whether the amount of time to implement the previously directed actions is

reasonably sufficient to achieve results. At its discretion, the State Board also may consider the

Public School’s 2022-23 plan type. The State Board shall require the Local Board or the Institute

board either to continue the previously directed actions or to undertake additional or different

actions as provided in section 10.01 of these rules.

11.0

Performance Reporting

11.01

The Department shall publish on SchoolView a school performance report for each Public School

in the state, a School District performance report for each School District in the state, a

performance report for the Institute, and a performance report for the state as a whole.

11.02

The Department shall continuously update the data included in the performance reports as soon

as practicable, but not later than sixty (60) days, after the data become available

mance report for each Public School

in the state, a School District performance report for each School District in the state, a

performance report for the Institute, and a performance report for the state as a whole.

11.02

The Department shall continuously update the data included in the performance reports as soon

as practicable, but not later than sixty (60) days, after the data become available. Data shall be

considered “available” following processing and verification.

11.03

The Department shall ensure that the information reported on SchoolView is transparent and

serves as a tool for parents, educators, and the community at large to understand and

communicate about state, district, school, classroom and programmatic performance.

11.04

The information in each type of performance report shall be consistent and, at a minimum, shall

include the following:

(1)

The report subject’s level of attainment on each of the Performance Indicators as

determined pursuant to section 3.0 of these rules, including whether the report subject

met the targets set for the applicable school year. This portion of the performance report

may be referred to as the “School Performance Framework Report” or “District

Performance Framework Report”;

(2)

The percentage of students enrolled by the report subject who score at each of the

performance levels identified by the State Board for the statewide assessments, reported

by grade level and assessment;

(3)

For Public School performance reports, a comparison of the report subject’s levels of

attainment on the Performance Indicators with the levels of attainment of the other Public

Schools of the District and in the state;

(3)

For District performance reports and the Institute performance report, a comparison of

the report subject’s levels of attainment on the Performance Indicators with other Districts

in the state and the Institute;

(4)

Information concerning comparisons of student performance over time and among

Student Groups;

the levels of attainment of the other Public

Schools of the District and in the state;

(3)

For District performance reports and the Institute performance report, a comparison of

the report subject’s levels of attainment on the Performance Indicators with other Districts

in the state and the Institute;

(4)

Information concerning comparisons of student performance over time and among

Student Groups;

(5)

The report subject’s rates of completion, mobility, and truancy, calculated according to

the requirements in section 12.00 of these rules; and

(6)

Any additional information that may be required by federal law.

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11.05

Each school performance report shall include the following information concerning the operations

and environment of the Public School that is the subject of the report:

(1)

The name of the Public School, the type of school program provided at the Public School,

and the school year for which the information in the performance report is provided. The

performance report shall also include the Public School’s street address, telephone

number, and email address, and, if one exists, the Web site address of the District or

Public School;

(2)

Information concerning the percentages of students who are not tested or whose scores

are not included in determining attainment of the Performance Indicators;

(3)

The occurrence of student conduct and discipline code violations reported pursuant to

section 22-32-109.1(2)(b), C.R.S., expressed as a number and as a percentage of the

total occurrences of violations reported;

ct or

Public School;

(2)

Information concerning the percentages of students who are not tested or whose scores

are not included in determining attainment of the Performance Indicators;

(3)

The occurrence of student conduct and discipline code violations reported pursuant to

section 22-32-109.1(2)(b), C.R.S., expressed as a number and as a percentage of the

total occurrences of violations reported;

(4)

The following student enrollment and attendance information:

(A)

The number of students enrolled at the Public School;

(B)

Students, reported as the number and percentage of the total student enrollment

at the Public School, who are eligible for free or reduced-cost lunch pursuant to

the federal “National School Lunch Act”, 42 U.S.C. sec. 1751, et seq.;

(C)

Average daily attendance at the Public School; and

(D)

For elementary schools, the availability of a preschool program, full-day

kindergarten program, and before- and after-school programs at the Public

School;

(5)

The following information concerning the staff employed at the Public School:

(A)

The number of persons employed at the Public School in each of the following

categories and explanations of the job descriptions for each category: classroom

teachers; paraprofessionals; administrators; other professionals; school support

staff; school counselors; and school librarians;

(B)

The students-per-classroom-teacher ratios for each grade level included in the

Public School;

(C)

The average number of years of teaching experience among the teachers

employed at the Public School;

(D)

The number of teachers employed at the Public School who hold master’s or

doctoral degrees;

(E)

For junior high, middle, and high schools, the percentage of teachers employed

at the Public School who are teaching in the subject areas in which they received

their bachelor’s or graduate degrees;

(F)

The number of teachers employed at the Public School who have three or more

years of teaching experience in the District; and

(G)

The number of professional development days included in the sc

(E)

For junior high, middle, and high schools, the percentage of teachers employed

at the Public School who are teaching in the subject areas in which they received

their bachelor’s or graduate degrees;

(F)

The number of teachers employed at the Public School who have three or more

years of teaching experience in the District; and

(G)

The number of professional development days included in the school year.

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29

(6)

Information concerning whether the following courses and programs are available to

students enrolled in the Public School and, to the extent they are available on the Public

School’s, District’s or Institute’s Web site, Internet links to descriptions of the following

courses and programs. For purposes of this section, a “course” shall be defined as

including, but not limited to, a traditional class, an on-line program, an internship, an

externship, a mentor experience, or an independent study course that culminates in an

integrative or specialized performance, showcase, or exhibition:

(A)

Visual art;

(B)

Drama or theater;

(C)

Music;

(D)

Dance;

(E)

Comprehensive health education;

(F)

Physical education;

(G)

Economics;

(H)

World languages;

(I)

History;

(J)

Geography;

(K)

Civics;

(L)

For middle and high schools, career and technical education;

(M)

For high schools, concurrent enrollment courses made available by the Public

School on-line or on the Public School’s campus. A concurrent enrollment course

shall be defined as any course that allows a student to simultaneously earn credit

both by a local education provider and an institution of higher education;

(N)

Opportunities for civic or community engagement;

(O)

Internet safety programs;

(P)

School library programs, as defined by the Commissioner;

(Q)

For high schools, advanced placement, International Baccalaureate or honors

courses;

(R)

For elementary schools, International Baccalaureate or Montessori curricula;

(S)

Extracurricular activities;

(T)

Athletics;

and an institution of higher education;

(N)

Opportunities for civic or community engagement;

(O)

Internet safety programs;

(P)

School library programs, as defined by the Commissioner;

(Q)

For high schools, advanced placement, International Baccalaureate or honors

courses;

(R)

For elementary schools, International Baccalaureate or Montessori curricula;

(S)

Extracurricular activities;

(T)

Athletics;

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(U)

For middle and high schools, credit recovery programs. A credit recovery

program shall be defined as a program implemented at the school and/or District

level that enables high school students who have fallen behind on graduation

requirements to make up credits or middle school students who have fallen

behind in grade promotion and/or transition into high school. This includes

programs or activities that facilitate accrual of credits or course remediation

especially in core courses (math, science, reading and social studies) and/or

allow struggling students to continue earning course credits and make progress

toward graduation or grade promotion. Credit recovery may occur as a student is

completing other courses or as an extension activity, such as summer school.

Examples include: self-paced digital content programs, online courses,

work/study that awards credits, course remediation programs and alternative

education programming that result in accrual of credits; and

(V)

For middle and high schools, assistance for out-of-school youth to re-enroll.

Assistance for out-of-school youth to re-enroll shall be defined as school and/or

District approaches and systems to re-engage youth who are not enrolled in

school and have not earned a high school credential (either a diploma or

equivalency credential, such as a general education development certificate).

This includes retrieval of students who have dropped out within the current

school year or those who have dropped out in previous years

roll shall be defined as school and/or

District approaches and systems to re-engage youth who are not enrolled in

school and have not earned a high school credential (either a diploma or

equivalency credential, such as a general education development certificate).

This includes retrieval of students who have dropped out within the current

school year or those who have dropped out in previous years. Examples include:

designating staff to identify and outreach to students who have dropped out and

re-enrollment processes that involve individualized transition planning and

assessment of a re-enrolled student’s educational needs/strengths and provision

of support and link to resources; and

(7)

To the extent that the Public School, District or Institute has adopted a wellness policy

and to the extent it is available on the Public School’s, District’s or Institute’s Web site,

Internet links to the Public School’s wellness policy, as well as information concerning

whether the following programs and services are available to students enrolled at the

Public School to support student health and wellness:

(A)

All students in grades K through 6 have access to recess (yes/no);

(B)

A school health team or school wellness committee exists (yes/no);

(C)

Students have access to a school-based or school-linked health center, as

defined by the Commissioner (yes/no);

(D)

Comprehensive health education is required for all students (yes/no);

(E)

Physical education is required for all students (yes/no);

(F)

The Public School participates in the federal school breakfast program (yes/no);

and

(G)

A registered school nurse who is licensed with the Department and the Colorado

Department of Regulatory Agencies is available on the school premises or for

consultation (yes/no).

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cal education is required for all students (yes/no);

(F)

The Public School participates in the federal school breakfast program (yes/no);

and

(G)

A registered school nurse who is licensed with the Department and the Colorado

Department of Regulatory Agencies is available on the school premises or for

consultation (yes/no).

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11.06

Each District and Institute performance report shall include financial information outlining the

District’s or Institute’s various revenue sources, including: local tax contributions; state tax

contributions; federal grants; state grants; private and public-private partnerships grants; and

other discretionary income. It also shall include the District’s or Institute’s total audited

expenditures for items including: instruction; student and staff support; administration; operations

and maintenance; food services; transportation; capital expenditures; debt service; and other

expenditures.

11.07

Prior to the publication of the performance reports on SchoolView, the Department shall allow

each District and the Institute a reasonable period of time to review the District’s or Institute’s

information as it shall appear on the performance reports and correct any errors or misinformation

identified by the District or Institute.

11.08

The school performance report produced for each Public School may contain Internet links

through which a person may access additional information not provided in detail in the report.

12.00

Data Collection Calculations and End-of-Year Data Collection Process

12.01

Student Dropout Rate

on the performance reports and correct any errors or misinformation

identified by the District or Institute.

11.08

The school performance report produced for each Public School may contain Internet links

through which a person may access additional information not provided in detail in the report.

12.00

Data Collection Calculations and End-of-Year Data Collection Process

12.01

Student Dropout Rate

(1)

The annual student dropout rate is the percentage of students in grades 7 through 12

who drop out of school in a given year between July 1 and June 30 and have not

returned to an educational environment on or before the end of the school year or June

30. An educational environment is a Public School within a District or the Institute,

nonpublic or private school, home-based education program (home school) pursuant to

section 22-33-104.5, C.R.S., HSED program, vocational education program, licensed

eligible Facility, State-Operated Program, Detention Center, or other education program

operated by the Department of Youth Corrections or Department of Corrections. This

includes students in grades 7 through 12 who:

(A)

Were enrolled in school at some time during the current reporting school year;

and

(B)

Were not enrolled at the end of the school year or June 30; and

(C)

Have not graduated from high school or received a HSED certificate, or

completed a district-approved educational program; and

(D)

Do not meet any of the following exclusionary conditions: temporary absence due

to serious illness or injury, suspension or expulsion; death; or transfer to another

educational environment.

(2)

The numerator for the student dropout rate is the number of grade 7-12 students who

dropped out and the denominator is the cumulative unduplicated enrollment for grades 7-

12.

d educational program; and

(D)

Do not meet any of the following exclusionary conditions: temporary absence due

to serious illness or injury, suspension or expulsion; death; or transfer to another

educational environment.

(2)

The numerator for the student dropout rate is the number of grade 7-12 students who

dropped out and the denominator is the cumulative unduplicated enrollment for grades 7-

12.

(3)

The following student dropout rate formula shall be applied:

. Number of dropouts in year X .

Number of students part of same membership base at any point within year X

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(4)

Dropout rate clarifications:

(A)

Any student whose transfer to another educational environment cannot be

verified is a dropout for reporting purposes. Districts and the Institute must apply

a default status of dropout to any student who does not have adequate

documentation on file, meaning a records request or confirmation of enrollment

and attendance at another District or the Institute, by the end of the school year.

Please see further clarifications below.

(B)

Mandatory school age legislation, in section 22-33-104(1) C.R.S., requires that

every child who has attained the age of six years and is under the age of

seventeen years attend public school. This mandatory school age legislation

does not exempt a District or the Institute from reporting a student as a dropout.

Students at any stage in court proceedings to compel compliance with the

compulsory attendance statute who have not yet returned to school shall be

counted as dropouts.

(C)

Students transferring to another District or the Institute who are identified through

the Department’s post-collection process as not returning to another District or

the Institute by the end of the current school year or June 30 shall be counted as

dropouts. The Department shall verify student attendance through the data

submitted by other Districts and the Institute through the end-of-year data

collection

ransferring to another District or the Institute who are identified through

the Department’s post-collection process as not returning to another District or

the Institute by the end of the current school year or June 30 shall be counted as

dropouts. The Department shall verify student attendance through the data

submitted by other Districts and the Institute through the end-of-year data

collection.

(D)

Various forms of documentation may or may not serve as adequate

documentation for an educational transfer based on the following:

(I)

In-state transfers to a Public School may not be documented through

records requests or the Record Integration Tracking System (RITS)

because a student may never have attended the school in which the

student enrolled. An in-state confirmation of attendance is adequate

documentation and may be requested as part of the end-of-year

verification processes.

(II)

In-state transfers to other Colorado entities such as private schools,

Detention Centers, licensed eligible Facilities, or State-Operated

Programs may be documented through records requests or

confirmations of attendance. Adequate documentation of a transfer to

home-based education programs (home school) pursuant to section 22-

33-104.5, C.R.S., is a parent/guardian signature on a written

confirmation of the intent to home school.

(III)

Out-of-state transfers may be documented through records requests or

confirmations of attendance.

(IV)

Transfers to an out-of-country educational entity can be documented by

a records request, a confirmation of attendance, a written confirmation by

a school administrator or designee based on a conversation with a

parent/guardian, or a parent/guardian signature on a written confirmation

of the intent to emigrate to and attend school in another country.

(E)

Adequate documentation for other student statuses is as follows:

(I)

Seriously ill students can be documented by a written confirmation by

physician or health care provider.

confirmation by

a school administrator or designee based on a conversation with a

parent/guardian, or a parent/guardian signature on a written confirmation

of the intent to emigrate to and attend school in another country.

(E)

Adequate documentation for other student statuses is as follows:

(I)

Seriously ill students can be documented by a written confirmation by

physician or health care provider.

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33

(II)

Deceased students may be documented by a copy of the obituary, a

letter from the parent/guardian or a written confirmation by a school

administrator or designee.

(F)

Determination of whether a student has completed the school year or is

considered a dropout is based upon two factors, length of time absent prior to the

end of the school year and coursework completion.

(G)

Students shall be counted as completing the school year if they leave school

within three weeks of the last day of school or have completed all coursework

early, meaning that they have completed the locally defined requirements for the

current grade level and will be promoted into the next higher grade the following

school year.

(H)

Students who leave within three weeks of the last day of school or June 30th,

whichever comes first, whether with excused or unexcused absences, are not

dropouts, but non-exiting students. However, these early exiting students who

are recorded as completing the current school year who are not documented to

return to an educational program the following school year must be recorded as

summer dropouts in the next reporting period.

(I)

Students who do not meet the exclusionary conditions listed under section

12.01(1)(D) of these rules and are absent more than three weeks from the last

day of school and have not completed all coursework, whether with excused or

unexcused absences, are dropouts

mented to

return to an educational program the following school year must be recorded as

summer dropouts in the next reporting period.

(I)

Students who do not meet the exclusionary conditions listed under section

12.01(1)(D) of these rules and are absent more than three weeks from the last

day of school and have not completed all coursework, whether with excused or

unexcused absences, are dropouts. Students shall be considered to have

completed all coursework if they have completed the locally defined requirements

for the current grade level and will be promoted into the next higher grade the

following school year.

(J)

For students who are withdrawing from a Public School, Districts and the Institute

are authorized to request information from the parent or guardian about the

specific type of educational environment to which the student will be transferring,

in order to monitor compliance with the School Attendance Law, section 22-33-

104 (1), C.R.S. If a student in seventh through twelfth grade has indicated on a

written notification of withdrawal that he or she is transferring to another Colorado

School District or the Institute but the Department’s post-collection process

indicates that the student has not attended class in another Colorado District or

the Institute, that student will be classified as a dropout, unless further

investigation proves otherwise. Colorado Public Schools and local education

agencies are required to send transcripts or to confirm attendance when

requested from another Colorado Public School or local education agency within

two weeks of receiving the request with the exception of students in out-of-home

placements whose records must be transferred within five (5) days pursuant to

sections 22-32-138(2)(a)(II) and (3)(a), C.R.S.

(K)

Students who register for school but never attend are not to be included in

reported dropout data. Students who never attend may also include non-

attending students who are eligible for special education and related services

ith the exception of students in out-of-home

placements whose records must be transferred within five (5) days pursuant to

sections 22-32-138(2)(a)(II) and (3)(a), C.R.S.

(K)

Students who register for school but never attend are not to be included in

reported dropout data. Students who never attend may also include non-

attending students who are eligible for special education and related services.

12.02

Four-year Graduation Rate:

(1)

The high school graduation rate is the percentage of students from a beginning of the

year ninth grade cohort, adjusted for verified transfers in and out, who leave school as

graduates, as defined by the District or the Institute Charter School, in four years or less.

Verified transfers refer to transfers for which a records request or confirmation of

enrollment and attendance has been provided.

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34

(2)

The numerator for the four-year graduation rate is the number of cohort members

(students) who graduated in year x and the denominator is the number of beginning of

the year ninth grade cohort members adjusted for verified transfers in and out.

(3)

The formula for the four-year graduation rate is as follows:

Number of four-year or prior graduates in year X

((Number of beginning-of-year 9th graders in year X – 3) + (Number of

transfers in) – (Number of transfers out))

(4)

Four-year Graduation Rate Clarifications:

(A)

Graduation rates for a high school not containing a ninth grade will be adjusted

according to the grades contained within the Public School. Notations will be

made when the standard four-year graduation rates are not applied.

(B)

District and Institute graduation rates will be held to a four-year standard

regardless of the grade ranges of the Public Schools in the School District or

Institute.

(C)

Expanded graduation rates, when used, should always be clearly labeled with

the time span to differentiate from the four-year graduation rate

otations will be

made when the standard four-year graduation rates are not applied.

(B)

District and Institute graduation rates will be held to a four-year standard

regardless of the grade ranges of the Public Schools in the School District or

Institute.

(C)

Expanded graduation rates, when used, should always be clearly labeled with

the time span to differentiate from the four-year graduation rate.

(D)

Students shown as aging out, dropping out, expelled, or transferring to non-

district HSED programs are included in graduation calculations.

(E)

Students are not considered graduates until educational services have ended,

unless specified by law or rule. Beginning in 2017-18, ASCENT and PTECH

students who have met graduation requirements may be counted as graduates

within the four-year graduation rate. However, the high school diploma cannot be

dated and conferred until the student has completed or left the program.

12.03

Expanded Graduation Rates:

(1)

The three-year graduation rate formula is as follows:

Number of three-year graduates in year X

((Number of beginning-of-year 9th graders in year X – 2) + (Number of

transfers in) – (Number of transfers out))

(2)

The five-year graduation rate formula is as follows:

Number of five-year graduates in year X

((Number of beginning-of-year 9th graders in year X – 4) + (Number of

transfers in) – (Number of transfers out))

(3)

The six-year graduation rate formula is as follows:

Number of six-year graduates in year X

((Number of beginning-of-year 9th graders in year X – 5) + (Number of

transfers in) – (Number of transfers out))

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(4)

The seven-year graduation rate formula is as follows:

Number of seven-year graduates in year X

((Number of beginning-of-year 9th graders in year X – 6) + (Number of

transfers in) – (Number of transfers out))

12.04

Completion Rate:

ar 9th graders in year X – 5) + (Number of

transfers in) – (Number of transfers out))

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(4)

The seven-year graduation rate formula is as follows:

Number of seven-year graduates in year X

((Number of beginning-of-year 9th graders in year X – 6) + (Number of

transfers in) – (Number of transfers out))

12.04

Completion Rate:

(1)

The high school completion rate is the percentage of students from a beginning of the

year ninth grade cohort adjusted for verified transfers in and out, who leave school as

graduates or completers, as defined by the District or Institute Charter School. Students

who do not meet specified graduation requirements are not graduates, but completers.

Verified transfers refer to transfers for which a records request or confirmation of

enrollment and attendance has been provided. Completers include students who: receive

a HSED certificate through the completion of a HSED program; receive a certificate of

completion; complete a vocational program; or are accepted into an institution of higher

education to pursue either a bachelor’s or associate’s degree.

(2)

The numerator for the completion rate is the number of cohort members (students) who

graduated or completed in year X and the denominator is the number of beginning of the

year ninth grade cohort members enrollment adjusted for verified transfers in and out.

(3)

The formula for the completion rate is as follows:

Number of four-year or prior graduates and completers in year X

((Number of beginning-of-year 9th graders in year X – 3) +

(Number of transfers in) – (Number of transfers out))

ated or completed in year X and the denominator is the number of beginning of the

year ninth grade cohort members enrollment adjusted for verified transfers in and out.

(3)

The formula for the completion rate is as follows:

Number of four-year or prior graduates and completers in year X

((Number of beginning-of-year 9th graders in year X – 3) +

(Number of transfers in) – (Number of transfers out))

(4)

Completion rate clarifications:

(A)

For purposes of the completion rates, completers are those students who have

received a certificate or other designation of high school completion, such as a

HSED. Completers have met the locally defined requirements for high school

completion and are not continuing to receive educational services from a local

education agency. Students are not considered completers until educational

services have ended, unless specified by law or rule.

(B)

Completion rates for a high school not containing a ninth grade will be adjusted

according to the grades contained within the school. Notations will be made

when the standard four-year completion rates are not applied.

(C)

District and Institute completion rates will be held to a four-year standard

regardless of the grade ranges of the Public Schools in the District or Institute.

(D)

Students shown as aging out, dropping out, expelled, or transferring to non-

district HSED programs are included in completion calculations.

12.05

Expanded Completion Rates:

(1)

The three-year completion rate formula is as follows:

Number of three-year graduates and completers in year X

((Number of beginning-of-year 9th graders in year X – 2) +

(Number of transfers in) – (Number of transfers out))

CODE OF COLORADO REGULATIONS

1 CCR 301-1

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(2)

The five-year completion rate is as follows:

Number of five-year graduates and completers in year X

((Number of beginning-of-year 9th graders in year X – 4) + (Number of

transfers in) – (Number of transfers out))

of beginning-of-year 9th graders in year X – 2) +

(Number of transfers in) – (Number of transfers out))

CODE OF COLORADO REGULATIONS

1 CCR 301-1

Colorado State Board of Education

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(2)

The five-year completion rate is as follows:

Number of five-year graduates and completers in year X

((Number of beginning-of-year 9th graders in year X – 4) + (Number of

transfers in) – (Number of transfers out))

(3)

The six-year completion rate is as follows:

Number of six-year graduates and completers in year X

((Number of beginning-of-year 9th graders in year X – 5) + (Number of

transfers in) – (Number of transfers out))

(4)

The seven-year completion rate is as follows:

Number of seven-year graduates and completers in year X

((Number of beginning-of-year 9th graders in year X – 6) + (Number of

transfers in) – (Number of transfers out))

12.06

Mobility Rates:

(1)

Mobility rates are indicators of turnover in the student population within a given school

year. Any student in grades K-12 who enters or leaves a school between the start of the

school year (pupil enrollment count date) and the last day of school is counted in the

mobility rate. This includes students who:

(A)

Transfer into a District or Institute Charter School;

(B)

Transfer within a District or Institute Charter School;

(C)

Transfer to another District or Institute Charter School, nonpublic or private

school, home-based education program (home school) pursuant to section 22-

33-104.5, C.R.S., HSED program, vocational education program, licensed

eligible Facility, State-Operated Program, Detention Center, or other educational

program operated by the Department of Youth Corrections or Department of

Corrections;

(D)

Have been expelled;

(E)

Have dropped out or exited to an unknown educational setting;

(F)

Are absent for extended periods; or

(G)

Are seriously ill or deceased.

104.5, C.R.S., HSED program, vocational education program, licensed

eligible Facility, State-Operated Program, Detention Center, or other educational

program operated by the Department of Youth Corrections or Department of

Corrections;

(D)

Have been expelled;

(E)

Have dropped out or exited to an unknown educational setting;

(F)

Are absent for extended periods; or

(G)

Are seriously ill or deceased.

(2)

Mobility Rate Clarifications:

(A)

Districts and the Institute shall indicate an instance of mobility for a student after

ten consecutive days of excused or unexcused absences.

(B)

Students who register for school but never attend are not to be included in

reported mobility data. Students who never attend may also include non-

attending students who are eligible for special education and related services.

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(C)

Grade level mobility rates will contain duplications because students may be

mobile across different grade levels throughout the school year. If a student

changes grades, the student will be included in the numerator and denominator

of each grade level of which they were a member.

12.07

Student Mobility Rate:

(1)

The student (unduplicated) mobility rate is the proportion of students having moved

during the school year. The student mobility rate measures the number of students who

have moved (a count of one regardless of the number of times a student moves). The

rate includes an unduplicated count of students who transfer into or out of the Public

School, District or Institute Charter School during the regular school year.

(2)

The numerator for the student mobility rate is the unduplicated count of grade K-12

students who moved into or out of a Public School, District, or Institute Charter School

during the school year and the denominator is the cumulative unduplicated student

enrollment for kindergarten through twelfth grades.

f the Public

School, District or Institute Charter School during the regular school year.

(2)

The numerator for the student mobility rate is the unduplicated count of grade K-12

students who moved into or out of a Public School, District, or Institute Charter School

during the school year and the denominator is the cumulative unduplicated student

enrollment for kindergarten through twelfth grades.

(3)

The formula for the student mobility rate is as follows:

Unduplicated count of grade K-12 students who moved into

___or out of the school or district in Year X .

Number of students part of same membership base at any point within year X

12.08

Occurrence Mobility Rate:

(1)

The occurrence (duplicated) mobility rate is the frequency with which student moves

occur during the school year. The occurrence mobility rate measures the number of

moves made by students (a count equal to the number of times a student has moved).

The rate includes a duplicated count of students who transfer into, out of, or both into and

out of the Public School, District, or Institute Charter School during the regular school

year.

(2)

The numerator for the occurrence mobility rate is the duplicated count of grade K-12

students who moved into, out of, or both into and out of the Public School, District, or

Institute Charter School during the school year. The denominator is the cumulative

unduplicated student enrollment for kindergarten through twelfth grades.

(3)

The formula for the occurrence mobility rate is as follows:

Duplicated count of grade K-12 students who moved into, out of,

or both into and out of the school/district in Year X .

Number of students part of same membership base at any point within year X

12.09

Truancy Rate:

(1)

Truancy rates are indicators of unexcused absences from public school within a given

school year.

h grades.

(3)

The formula for the occurrence mobility rate is as follows:

Duplicated count of grade K-12 students who moved into, out of,

or both into and out of the school/district in Year X .

Number of students part of same membership base at any point within year X

12.09

Truancy Rate:

(1)

Truancy rates are indicators of unexcused absences from public school within a given

school year.

(2)

Truancy Rate Clarifications:

(A)

Districts shall address truancy in accordance with the Local Board policies and

procedures established pursuant to the compulsory school attendance law,

section 22-33-107(3)(b) C.R.S.

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(B)

School Districts and the Institute shall report unexcused absence days. An

unexcused absence occurs when a student is absent without a reason or for an

unacceptable reason as identified within the attendance rules set by a Local

Board’s policy adopted pursuant to section 22-33-104(4)(a). If authorized school

officials determine that a parent’s excuse is not valid or verified, the absence

shall be considered unexcused.

(C)

Students who register for school, but never attend are not to be included in

reported truancy data. Students who never attend may also include non-

attending students who are eligible for special education and related services.

(D)

Truancy rates will be reported for alternative education campuses and online

Public Schools. These schools must have a method to track the attendance for

enrolled students.

12.10

Truancy Rate – Unexcused Absence Days:

(1)

The unexcused absence days truancy rate is the proportion of days in which

students were absent without an excuse.

ho are eligible for special education and related services.

(D)

Truancy rates will be reported for alternative education campuses and online

Public Schools. These schools must have a method to track the attendance for

enrolled students.

12.10

Truancy Rate – Unexcused Absence Days:

(1)

The unexcused absence days truancy rate is the proportion of days in which

students were absent without an excuse.

(2)

The numerator for the unexcused absence days truancy rate is the aggregate

number of days of unexcused student absences. The denominator is the

aggregate number of student days possible, which is calculated by adding the

total student days attended, the total student days of excused absences and the

total student days of unexcused absences.

(3)

The formula for the unexcused absence days truancy rate is as follows:

__________Total student days unexcused .

(Total days attended) + (Total days of excused absences)

+ (Total days of unexcused absences)

12.11

Truancy Rate – Habitually Truant Students:

(1)

The numerator for the habitually truant students truancy rate is the number of students

who are habitually truant, meaning all students who are at least the age of six on or

before August 1 of the year in question and under the age of seventeen years and who

have four (4) total days of unexcused absences from public school in any one calendar

month or ten (10) total days of unexcused absences from public school within a given

school year. The denominator is the cumulative unduplicated enrollment for grades K-12.

(2)

The formula for the habitually truant students truancy rate is as follows:

Number of students who have 4 total days of unexcused absences in any one calendar

. month or 10 total days of unexcused absences during the school year .

Number of students part of same membership base at any point within year X

12.12

End-of-Year Collection Process:

ive unduplicated enrollment for grades K-12.

(2)

The formula for the habitually truant students truancy rate is as follows:

Number of students who have 4 total days of unexcused absences in any one calendar

. month or 10 total days of unexcused absences during the school year .

Number of students part of same membership base at any point within year X

12.12

End-of-Year Collection Process:

(1)

District and Institute Responsibilities:

(A)

Districts and the Institute shall ensure that the student data submitted is as clean

and accurate as possible.

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(B)

In order to know the whereabouts of 7-12th grade transfer students, Districts and

the Institute are encouraged to conduct timely inquiries when students withdraw

from school, keep documentation on file regarding each, and follow-up on 7-12th

grade students for whom appropriate documentation has not been secured.

(C)

The reporting period for the end-of-year collection is from July 1st to June 30th,

annually. Districts and the Institute shall mark the appropriate information as of

the last day of school or June 30th, whichever occurs first.

(D)

Districts and the Institute may include summer graduates or completers up until

August 31st of each year. Districts and the Institute shall include graduates and

completers after that date in the next end-of-year reporting period.

(E)

On or before September 15th of each year, every District and the Institute shall

initially approve submitted end-of-year files.

(F)

Each year, every District and the Institute shall approve submitted end-of-year

files on or before the Department’s announced interim and final deadlines.

(G)

If a District provides educational programs to Detention Centers as well as

Facilities, they must continue to report accurate and complete data in terms of

the 7th through 12th grade students served within the end-of-year reporting

period until such time as cross-agency data sharing has eliminated the need to

do so.

ear

files on or before the Department’s announced interim and final deadlines.

(G)

If a District provides educational programs to Detention Centers as well as

Facilities, they must continue to report accurate and complete data in terms of

the 7th through 12th grade students served within the end-of-year reporting

period until such time as cross-agency data sharing has eliminated the need to

do so.

(2)

Department Responsibilities:

(A)

The Department shall ensure that student data is as clean and accurate as

possible.

(B)

The Department shall announce the annual schedule of each collection no later

than one month prior to collection opening.

(C)

The Department shall annually notify Districts and the Institute where lists of

Detention Centers and Facilities with educational programs administered by

Districts are located on the Department’s website.